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Human Rights in a Global World
"The mandate of Luis López Guerra as a judge at the European Court of Human Rights is coming to an end. On the occasion of his departure, his colleagues and friends wish to pay tribute to the exceptional work he has accomplished during his ten-year tenure at the Court. In his duties, he distinguished himself in the dissemination of the fundamental rights and freedoms protected by the Convention and he was acknowledged for his humanist approach to European litigation. This work compiles numerous original works dealing with various topical subjects, written by judges of the Court, international and national judges, academics and members of the registry of the Court." -- Achterzijde omslag.
Spain After Franco
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Courts and Terrorism
Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
Barcelona and Madrid
For hundreds of years, Barcelona and Madrid have shared a deep rivalry. Throughout history, they have competed in practically every aspect of social life, sport, politics, and culture. While competition between cities is commonplace in many nations around the world, in the case of Barcelona and Madrid it has been, on occasion, excessively antagonistic. Over time they have each tried to demonstrate that one was more modern than the other, or more avant-garde, or richer, or more athletic, and so on. Fortunately, the Spain of today is a democracy and every nation and region of the State has the liberty to act. As such, the rivalry between these two capitals has become productive not only for th...
Reflections on the Future of Human Rights
This book aims to prospectively conjecture about what the coming decades may hold for human rights. The authors in this volume discern where current trends are likely to lead and try to make sense of the future they herald. Human rights – as a legal, political, and social practice – have experienced significant achievements and successes, some notable setbacks and failures, and numerous unprecedented and unforeseen events and developments. Sceptics even claim that the idea of human rights has failed to deliver on its radical promise of emancipation. The chapters in this volume deal with ways to reimagine the existing human rights framework, the future of the African human rights system, ...
Legal Implications of Territorial Secession in Spain
The book deals with the secession/separation of territorial entities and the legal consequences that derive from it both for the parent state and for the seceded/separated entity or the entity that intends to secede/separate. This subject is approached from the triple perspective of international law, comparative law, and Spanish law.International law, because it is this legal system which contains the general legal framework within which this issue must be dealt with. Thus, for example, the legal basis of the right to self-determination, the constituent elements of the state, the recognition of states and governments, succession in the matter of treaties, succession in membership of Interna...
Dictatorship and the Electoral Vote
Why do dictatorships have elections? Dictatorship and the Electoral Vote analyses the role of elections in two dictatorships that were born in the Era of Fascism but survived up to the 1970s: the Portuguese New State and Francoism. A comparative study of the electoral vote held by both dictatorships is revealing at many organizational and structural levels. The multiple political interactions involved in elections worldwide have been subject to social science scrutiny but rarely encompass historical context. The analysis of the electoral vote held by Iberian dictatorships is uniquely placed to link the two. The issues to hand include: drawing of electoral rolls; evolution of the number of pe...
The 3 Regional Human Rights Courts in Context
At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogo...
Truth Recovery and Transitional Justice
This book investigates why some societies defer transitional justice issues after successful democratic consolidation. Despite democratisation, the exhumation of mass graves containing the victims from the violence in Cyprus (1963-1974) and the Spanish civil war (1936-1939) was delayed until the early 2000s, when both countries suddenly decided to revisit the past. Although this contradicts the actions of other countries such as South Africa, Bosnia, and Guatemala where truth recovery for disappeared/missing persons was a central element of the transition to peace and democracy, Cyprus and Spain are not alone: this is an increasing trend among countries trying to come to terms with past viol...
