LAW AS DELIBERATIVE DISCOURSE: THE POLITICS OF INTERNATIONAL LEGAL ARGUMENT--SOCIAL THEORY WITH HISTORICAL ILLUSTRATIONS
Related Articles
- Restrictive Interpretation of Human Rights Treaties in the Recent Jurisprudence of the European Court of Human Rights. Orakhelashvili, Alexander // European Journal of International Law;Jun2003, Vol. 14 Issue 3, p529
The European Convention on Human Rights was adopted as an instrument to protect the rights and interests of individual human beings rather than of state parties. It thus embodies obligations which objectively protect human beings and are not reducible to mutual or reciprocal legal commitments of...
- COMPARATIVE ANALYSIS OF THE UK AND TURKEY IN TERMS OF THE QUESTION: CAN THE UK'S HUMAN RIGHTS LAW BE A MODEL FOR TURKEY TO OVERCOME ITS VIOLATIONS OF ARTICLE 3 AND ARTICLE 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS ? ÜNLÜ, Devran // Ankara Bar Review;2013, Vol. 6 Issue 2, p111
This dissertation presents the human rights problem in Turkey and it aims to suggest a new way forward which has not proposed previously. Although Turkey has made several legal reforms related to its prohibition of torture, inhuman and degrading treatment and freedom of expression violations,...
- ŽMOGAUS TEISIŲ IR PAGRINDINIŲ LAISVIŲ APSAUGOS KONVENCIJA GALUTINÄ–S INSTANCIJOS LIETUVOS TEISMŲ PRAKTIKOJE. Bubnytė, Karolina // Teise / Law;2013, Vol. 87, p69
The article deals with a qualitative aspect of the internalization of the European Convention on Human Rights through analysis of the application of the Convention in the case law of the Lithuanian courts of last resort (namely, the Lithuanian Supreme Court and Lithuanian Supreme Administrative...
- LJUDSKA PRAVA KAO PARADIGMA EVROPSKOG IDENTITETA. Petrović, Miloš // Anali Pravnog Fakulteta Univerziteta u Zenici;2011, p37
The consequences of the World War II on the European soil were some of the main causations for institutionalization of the endeavour to firmly establish a set of human rights. The European Convention for Protecting Human Rights and Freedoms, (Rome,1950) had already highlighted its leitmotif "a...
- The Relationship between Jurisdiction and Attribution after Jaloud v. Netherlands. Rooney, Jane // Netherlands International Law Review (Springer Science & Busines;Dec2015, Vol. 62 Issue 3, p407
This article argues that the European Court of Human Rights (ECtHR) in Jaloud v. Netherlands adopted an attribution test in order to establish jurisdiction under Article 1 of the European Convention on Human Rights. It argues that this would not be the first time that the ECtHR has adopted an...
- Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights' Judgments. Keller, Helen; Marti, Cedric // European Journal of International Law;Nov2015, Vol. 26 Issue 4, p829
This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court's judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly...
- CONSIDERATIONS REGARDING THE AUTHORITY OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS AND OF THE EUROPEAN COURT ON HUMAN RIGHTS JURISPRUDENCE ON THE NATIONAL LAW SYSTEMS IN SOME OF THE MEMBER STATES. Corlățean, Titus // Law Review: Judicial Doctrine & Case-Law;Dec2011, Special section p1
In the study hereby, the author reviews, from the comparative law point of view, the effects that the European Convention on Human Rights and Fundamental Freedoms, as well as the decisions of the European Court on Human Rights, have on the national law systems in some member states (Austria,...
- Protection of the Right to Life in Prison. Olesk, Margot // Juridica International;2015, Vol. 23, p110
The article explores the protection of the right to life in prison in Estonia under the Convention for the Protection of Human Rights and Fundamental Freedoms.
- LAMPEDUSA AND BEYOND. Dolidze, Anna // Interdisciplinary Journal of Human Rights Law;2011/2012, Vol. 6, p123
The most recent humanitarian crisis on the Italian island of Lampedusa is an important point to reexamine critically the human rights of stateless persons under international law. This article identifies serious deficiencies across the international regime for the protection of stateless...