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Judge Loukis Loucaides. An Alternative View on the Jurisprudence of the European Court of Human Rights
This collection contains the most important separate opinions of Judge Loukis Loucaides, member of the European Court of Human Rights from 1998 until 2008. It collates a decade of disagreement with the Court's judgments by a judge with strong moral convictions about the interpretation of the Convention. His opinions were largely inspired by the legal principles he was dedicated to serving. Separate opinions offer valuable insight into different trends and schools of thought that inevitably influence the development of the Court’s case-law. Always eager, as he liked to say, “to call a spade a spade”. Judge Loucaides' opinions reflect his unfettered commitment to human rights and make for interesting reading.
The European Court of Human Rights as a Pragmatic Institution
Fundamental rights are usually thought of as rules, which prescribe certain arrangements and exclude others ; and it is the role of courts, in the traditional view, to expound their significance by applying predefined rules to the facts submitted to them. This view, characteristic of the formalistic conception of law, breaks down most clearly in contexts where one set of facts calls for the application of different rules which are not hierarchically ordered. Such situations oblige us to examine the virtues of a pragmatic conception of legal adjudication, and to explore the procedural implications of such a conception, in which the principles guiding the judicial reasoning are permanently rei...
International Humanitarian Law 2023
The sources of International Humanitarian Law directly accessible to Belgian and foreign audience, allowing a better control and knowledge of this matter.0.
La justice administrative
La loi du 20 janvier 2014 portant réforme de la compétence, de la procédure et de l’organisation du Conseil d’État souffle sa première bougie et ses douze premiers mois d’application s’apparentent à tout sauf à un long fleuve tranquille. Le texte et ses arrêtés d’exécution apportent non seulement de profondes modifications à la procédure en suspension mais introduisent également d’importantes nouveautés comme la boucle administrative ou l’indemnité réparatrice. Très controversée, critiquée car trop politique ou trop éloignée des réalités quotidiennes de la juridiction, attaquée devant la Cour constitutionnelle et le Conseil d’État lui-même, la réfor...
International Humanitarian Law Code
The purpose of this compendium is to provide students, teachers and researchers, lawyers, magistrates and civil servants, activists, members of NGOs and citizens playing a vital rote in international humanitarian law, with a simple, practical and handy tool. Likely to be updated regularly, this "code" allows a direct access to the sources of international humanitarian law and, therefore, its better understanding.
Wrong-Doing, Truth-Telling
Three years before his death Michel Foucault gave a series of lectures at the Catholic University of Louvain that have remained relatively unknown until only recently. Entitled "Wrong-Doing, Truth-Telling, " these lectures provides the missing link between Foucault s early work on sexuality and punishment and his later work on Greek and Roman antiquity. Ranging broadly from Homer to the 20th century, Foucault traces how the early ethical acts of truth-telling in ancient Greece gradually metamorphosed into acts of self-incrimination in monastic times and ultimately into the birth and rise of psychiatry as the foundation of modern penology, criminology, and criminal justice. For Foucault, self-incrimination no longer did the work necessary to quell justice because, by the 19th century, we wanted to know more than just the fact of wrongdoing, we wanted to know who the criminal was: not just whether the accused committed the crime, but what it was about him that made him commit the crime. An avowal of wrong-doing was no longer sufficient psychiatric expertise was now necessary and that development marks the birth of discipline and modern criminal justice made so famous by Foucault"
International Justice for Children
Children's rights have gained greater global visibility through the almost universal ratification of the United Nations Convention on the Rights of the Child. Treaty bodies for other international and regional instruments, which cover the rights of "everyone", including children, are giving increasing attention to children's rights. In the same vein, human rights mechanisms, including regional ones such as the European Court of Human Rights, the European Committee of Social Rights and the Inter-American Commission and Court, have become more sensitive to children's rights. With this increasing visibility comes the recognition that children in every country of the world suffer widespread and ...
Women in Law and Lawmaking in Nineteenth and Twentieth-Century Europe
Exploring the relationship between gender and law in Europe from the nineteenth century to present, this collection examines the recent feminisation of justice, its historical beginnings and the impact of gendered constructions on jurisprudence. It looks at what influenced the breakthrough of women in the judicial world and what gender factors determine the position of women at the various levels of the legal system. Every chapter in this book addresses these issues either from the point of view of women's legal history, or from that of gendered legal cultures. With contributions from scholars with expertise in the major regions of Europe, this book demonstrates a commitment to a methodological framework that is sensitive to the intersection of gender theory, legal studies and public policy, and that is based on historical methodologies. As such the collection offers a valuable contribution both to women's history research, and the wider development of European legal history.
Dis, c’est quoi les droits de l’enfant ?
Au regard de l’histoire, la notion de droit de l’enfant est un concept relativement nouveau. Pendant des siècles, les enfants ont été exploités, abandonnés et même vendus en toute impunité. La prise de conscience que le petit de l’homme peut exister en tant qu’être humain à part entière, sujet de droit en son propre nom, ne se fera que très progressivement. Malgré les avancées importantes des dernières décennies, beaucoup reste à faire. Contrairement à ce que l’on pourrait croire, les pays sous-développés ou en développement ne sont pas les seuls concernés, loin s’en faut. Dans un environnement troublé par des crises identitaires, les obsessions sécuritaire...
Identity and Diversity on the International Bench
Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.
