Damages for Violations of Human Rights
Title | Damages for Violations of Human Rights PDF eBook |
Author | Ewa Bagińska |
Publisher | Springer |
Pages | 488 |
Release | 2015-10-20 |
Genre | Law |
ISBN | 3319189506 |
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Damages and Human Rights
Title | Damages and Human Rights PDF eBook |
Author | Jason NE Varuhas |
Publisher | Bloomsbury Publishing |
Pages | 521 |
Release | 2016-05-19 |
Genre | Law |
ISBN | 1782252819 |
Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
The European Court of Human Rights
Title | The European Court of Human Rights PDF eBook |
Author | Helmut P. Aust |
Publisher | Edward Elgar Publishing |
Pages | 296 |
Release | 2021-04-30 |
Genre | Law |
ISBN | 1839108347 |
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Remedies for Human Rights Violations
Title | Remedies for Human Rights Violations PDF eBook |
Author | Kent Roach |
Publisher | Cambridge University Press |
Pages | 633 |
Release | 2021-04-08 |
Genre | Law |
ISBN | 1108417876 |
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
The right to a remedy and to reparation for gross human rights violations : a practitioners' guide
Title | The right to a remedy and to reparation for gross human rights violations : a practitioners' guide PDF eBook |
Author | Cordula Dröge |
Publisher | |
Pages | 0 |
Release | 2006 |
Genre | Government liability (International law) |
ISBN | 9789290371069 |
Accountability and Corporate Human Rights Violations in Tort and International Law
Title | Accountability and Corporate Human Rights Violations in Tort and International Law PDF eBook |
Author | Emmanuel K. Nartey |
Publisher | Cambridge Scholars Publishing |
Pages | 480 |
Release | 2021-10-04 |
Genre | Law |
ISBN | 1527575756 |
This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
Remedies in International Human Rights Law
Title | Remedies in International Human Rights Law PDF eBook |
Author | Dinah Shelton |
Publisher | Oxford University Press |
Pages | 653 |
Release | 2015-10-22 |
Genre | Law |
ISBN | 0191068764 |
The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.