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Border Deaths at Sea under the Right to Life in the European Convention on Human Rights

Author: Lisa-Marie Komp

Publisher: Taylor & Francis

Published: 2022-11-17

Total Pages: 200

ISBN-13: 1000778142

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This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.

Book Synopsis Border Deaths at Sea under the Right to Life in the European Convention on Human Rights by : Lisa-Marie Komp

Download or read book Border Deaths at Sea under the Right to Life in the European Convention on Human Rights written by Lisa-Marie Komp and published by Taylor & Francis. This book was released on 2022-11-17 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.

Border Deaths at Sea Under the Right to Life in the European Convention on Human Rights

Author:

Publisher:

Published: 2020

Total Pages: 196

ISBN-13:

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Book Synopsis Border Deaths at Sea Under the Right to Life in the European Convention on Human Rights by :

Download or read book Border Deaths at Sea Under the Right to Life in the European Convention on Human Rights written by and published by . This book was released on 2020 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Life by Investigating Death

Author: Sam McIntosh

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9783214026882

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Book Synopsis Protecting Life by Investigating Death by : Sam McIntosh

Download or read book Protecting Life by Investigating Death written by Sam McIntosh and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Attention and the Protection of Human Rights Defenders

Author: Janika Spannagel

Publisher: Taylor & Francis

Published: 2023-06-16

Total Pages: 200

ISBN-13: 1000893448

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This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.

Book Synopsis International Attention and the Protection of Human Rights Defenders by : Janika Spannagel

Download or read book International Attention and the Protection of Human Rights Defenders written by Janika Spannagel and published by Taylor & Francis. This book was released on 2023-06-16 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.

Human Rights and Climate Change

Author: Linnéa Nordlander

Publisher: Taylor & Francis

Published: 2023-11-30

Total Pages: 264

ISBN-13: 100099211X

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This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.

Book Synopsis Human Rights and Climate Change by : Linnéa Nordlander

Download or read book Human Rights and Climate Change written by Linnéa Nordlander and published by Taylor & Francis. This book was released on 2023-11-30 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.

Understanding Domestic Violence as a Gender-based Human Rights Violation

Author: Jurgita Bukauskaite

Publisher: Taylor & Francis

Published: 2023-04-14

Total Pages: 211

ISBN-13: 1000866556

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Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.

Book Synopsis Understanding Domestic Violence as a Gender-based Human Rights Violation by : Jurgita Bukauskaite

Download or read book Understanding Domestic Violence as a Gender-based Human Rights Violation written by Jurgita Bukauskaite and published by Taylor & Francis. This book was released on 2023-04-14 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.

Minorities, Free Speech and the Internet

Author: Oscar Pérez de la Fuente

Publisher: Taylor & Francis

Published: 2023-03-14

Total Pages: 217

ISBN-13: 1000874044

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Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies, online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum. First, the authors analyse the free speech and Internet regulations in different legal cultures, including the United States, Europe, China and Russia. Second, they study fake news, extreme right speech and the implications of hate speech on pluralistic society. Third, they examine different case law addressing minority sensibilities, historical discriminations, offensive propaganda and other issues particularly concerning minorities and free speech. This book will be of interest to students and scholars interested in the topics of hate speech and minorities, democracy, misinformation and debates about the Internet, as well as political science researchers.

Book Synopsis Minorities, Free Speech and the Internet by : Oscar Pérez de la Fuente

Download or read book Minorities, Free Speech and the Internet written by Oscar Pérez de la Fuente and published by Taylor & Francis. This book was released on 2023-03-14 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies, online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum. First, the authors analyse the free speech and Internet regulations in different legal cultures, including the United States, Europe, China and Russia. Second, they study fake news, extreme right speech and the implications of hate speech on pluralistic society. Third, they examine different case law addressing minority sensibilities, historical discriminations, offensive propaganda and other issues particularly concerning minorities and free speech. This book will be of interest to students and scholars interested in the topics of hate speech and minorities, democracy, misinformation and debates about the Internet, as well as political science researchers.

Aliens Before the European Court of Human Rights

Author: David Moya

Publisher: Immigration and Asylum Law and

Published: 2021-06-24

Total Pages: 308

ISBN-13: 9789004465688

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"This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens' rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens." --

Book Synopsis Aliens Before the European Court of Human Rights by : David Moya

Download or read book Aliens Before the European Court of Human Rights written by David Moya and published by Immigration and Asylum Law and. This book was released on 2021-06-24 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume conducts an in-depth analysis of the ECtHR's case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens' rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens." --

The Ashgate Research Companion to Migration Law, Theory and Policy

Author: Satvinder S. Juss

Publisher: Routledge

Published: 2016-03-23

Total Pages: 767

ISBN-13: 1317042646

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The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.

Book Synopsis The Ashgate Research Companion to Migration Law, Theory and Policy by : Satvinder S. Juss

Download or read book The Ashgate Research Companion to Migration Law, Theory and Policy written by Satvinder S. Juss and published by Routledge. This book was released on 2016-03-23 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.