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The European Court of Human Rights
The European Court of Human Rights, by Angelika Nussberger is the first title in a new series, The Elements of International Law. Providing a fresh, objective, and non-argumentative approach to the discipline of international law, this series is an accessible go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students. In this volume, Professor Nussberger explores the Court's uniqueness as an international adjudicatory body in the light of its history, structure, and procedure, as well as its key doctrines and case law. This book also shows the role played by the Court in the development of modern international...
Power and Legitimacy
This book sheds new light on the continuing debate within political thought as to what constitutes power, and what distinguishes legitimate from illegitimate power. It does so by considering the experience of Russia, a polity where experiences of the legitimacy of power and the collapse of power offer a contrast to Western experiences on which most political theory, formulated in the West, is based. The book considers power in a range of contexts - philosophy and discourse; the rule of law and its importance for economic development; the use of culture and religion as means to legitimate power; and liberalism and the reasons for its weakness in Russia. The book concludes by arguing that the Russian experience provides a useful lens through which ideas of power and legitimacy can be re-evaluated and re-interpreted, and through which the idea of "the West" as the ideal model can be questioned.
The Council of Europe
The Council of Europe plays a pivotal role in the promotion and protection of human rights in Europe, yet its work is often little understood. This volume provides a comprehensive analysis of the work of the Council of Europe and the legal framework within which it operates.
Procedural Review in European Fundamental Rights Cases
Procedural review is increasingly a means of deciding European fundamental rights cases; this book explores its practical potential and limitations.
Resolving Conflicts between Human Rights
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a...
New Social Policy Agendas for Europe and Asia
The East Asia crisis of 1997-98 highlighted the need for new models for social policy. A joint project between European and Asian governments brought together over a two year period the experience of social policy experts from Europe and Asia. This project was financed by the ASEM (Asia Europe Meeting). This document looks at a wide range of issues - social security reform, links between macroeconomics and social policy, labour market policies, gender relations and cross-border migration. Inspired by European experience in similar fields and focusing on ideas and knowledge exchange, the project worked to develop papers and seminars, to produce this book.
Business and Human Rights
Business and Human Rights Law is a rapidly growing area of law, which has dramatically transformed many parts of international law. In this new volume in the Elements series, Robert McCorquodale explores how the responsibility for human rights abuses has transitioned from a purely state obligation to also being the responsibility of businesses. Business responsibility for human rights impacts have become subject both to legislation and to court decisions whenever their activities lead to human rights abuses anywhere in the world. This book shows the importance of the UN Guiding Principles on Business and Human Rights in these developments, and examines their influence on international, regio...
The Parthenon Marbles and International Law
The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum’s ‘Elgin Collection’. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then. Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally ...
Persuasion and Legal Reasoning in the ECtHR Rulings
This book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience – States, applicants and public opinion – of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one’s private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals. The book will be of interest to academics and researchers working in the areas of jurisprudence, human rights law, and law and language.
Transformation in Russia and International Law
Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet perestroika and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.
