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Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).
Rule of Law in Europe
This open access book discusses the state of rule of law protection in Europe, by considering recent challenges to judiciary independence in EU countries. The purpose of the book is to advance solutions to such challenges. It looks at the challenges from the perspective of EU law and ECHR law and puts forward solutions for its improvement and paths of action to be taken by EU political institutions to solve the problems. The book consists of communications presented by leading European scholars, judges and prosecutors, in a conference in Lisbon, organised by Prof. Paulo Pinto de Albuquerque and Judge Filipe Marques.
Judicial Power in a Globalized World
This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
The Irish Yearbook of International Law, Volume 13, 2018
The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a symposium on law and peacekeeping, and an article on the rights of migrants and refugees under the ECHR from Judge Paulo Pinto de Albuquerque.
Judging International Human Rights
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
State Responsibility for ʻModern Slaveryʼ in Human Rights Law
What is ‘modern slavery’ and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing ‘modern slavery’ – a diverse set of practices usually perpetrated by non-state actors – against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to se...
The Evolving Protection of Prisoners’ Rights in Europe
The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed ov...
