Suchergebnisse

Treaties — Interpretation of — Principles and rules of — Interpretation by reference to context preferred to strict grammatical interpretation — Bilingual texts — Need to reconcile differing texts — Law — making treaties — Interpretation by reference to aims and object preferred to restrictive interpretation.The individual in international law — Human rights and freedoms — European Convention for Protection of — Article 5 (3) (right to trial within a reasonable time and to release pending trial) — Interpretation by reference to context preferred to strict grammatical interpretation — Provisional detention not to be unreasonably prolonged — Interpretation of bilingual text — Need to reconcile differing texts — Reasonableness of period of detention to be determined by special features of each case — Rejection of application of seven criteria employed by European Commission of Human Rights — Period of detention covered by Article 5 (3) extends to date of judgment by Court of first instance — Article 6 (1) (right to hearing within a reasonable time) — Relevant period runs from from date of charges and order for arrest until acquittal or conviction, including decision on appeal.

Human Rights — Freedom of expression — Public service employment — Civil servant required to make declaration of loyalty to free, democratic constitutional system — Applicant's employment revoked after she declared support for objectives and policies of communist party — Whether involving violation of right to freedom of expression — European Convention on Human Rights, 1950, Article 10 — Scope of Convention — Whether protecting right of access to employment in the public service — Comparison with the Universal Declaration of Human Rights, 1948, and the International Covenant on Civil and Political Rights, 1966Claims — Exhaustion of local remedies — European Convention on Human Rights — Purpose of rule — Whether necessary for applicant to raise human rights violation as such in national courts — Whether sufficient that substance of human rights question raised in national proceedingsInternational tribunals — Procedure — European Court of Human Rights — Preliminary objections — Whether going to merits of case — Whether respondent State estopped from raising question before Court534Treaties — Interpretation — Travaux préparatoires — Record of negotiation of protocols to treaty — Whether available as aid to the interpretation of treaty itself — Comparison between texts of different treaties on human rights — European Convention on Human Rights

Human rights — Respect for home and family life — European Convention on Human Rights, 1950, Article 8 — Right of owner of house to occupy as resident — State control of housing — Guernsey — Housing Law restricting right of residence to persons having a strong association with Guernsey — Ownership of house on Guernsey not necessarily sufficient grounds for obtaining residence licence — Whether Housing Law an interference with right to respect for home — Whether interference necessary in a democratic society — Application of Law in particular case — Married couple refused residence licence to occupy house which they had owned for twenty years — Couple previously enjoying right of residence — Right removed by change in law — Couple refused licence to return to live in Guernsey after period of employment abroad — Property rights — Protocol No. 1, Article 1 — Whether Housing Law involved a deprivation of property — Whether an unreasonable interference with right of peaceful enjoyment of possessions — Access to court and fair hearing — Whether requirement that appeal be lodged by a lawyer an interference with right of access to a court — Refusal of residence licence while appeal pending — Impartiality of tribunal — European Convention on Human Rights, Article 6 — Discrimination — Preference to persons having a strong association with Guernsey — Whether reasonable — Article 14Expropriation — Taking — Whether restriction on right to occupy house irrespective of ownership a deprivation of property — Whether an unreasonable interference with enjoyment of possessions — Public interest562States — Dependent territories — Guernsey — Application of European Convention on Human Rights, 1950, and Protocols — Protocol No. 1 applicable to dependent territories only if State responsible for their international relations has made an express declaration to that effect — No such declaration made with regard to GuernseyInternational tribunals — European Court of Human Rights — Procedure — Question raised after close of oral proceedings — State notifying Court that Protocol No. 1 had not been declared applicable to dependent territory whose conduct was in issue — Court required to investigate matter proprio motu — Uncontested allegation — Duty of Court to pronounce thereon

434The individual in international law — Human rights and freedoms — European Convention for the Protection of — Protracted criminal proceedings — Detention on remand — Hearings before a body applying rules of administrative law allegedly affected by biasQuestion whether the Court has authority to deal with matters of admissibility as set out in Article 26 — Whether application lodged prior to a final judgment of the municipal courts is admissible — Need for certain flexibility in the application of the domestic remedies rule and avoidance of formalismApplicability of Article 6(1) (fair trial in, inter alia, proceedings relating to the determination of civil rights and obligations) — Unnecessary that both parties should be private persons — Application to the facts of the "fair hearing" principle — Interpretation of Austrian Governmental reservation in regard to Article 6Article 5(3) (right of arrested or detained person to trial within a reasonable time or to release pending trial) — Detention in regard to two criminal cases extending to two years and five months overall — Examination of the reasonableness of the length of detention in the context of the factual backgroundArticle 6(1) (reasonableness of duration of criminal proceedings) — Complexity of proceedings — Applicant's many appeals and applications — Length of proceedings not unreasonable in the circumstancesQuestion of the application of Article 50 — Not to be considered as a fresh application — Conditions for the application of Article 50 — On conviction, court taking into consideration, in determining sentence, period of detention on remand — Existence of other possible domestic legal remedies — Computation of compensation — Factors mitigating amount of compensation awarded — How sum awarded should be paid — Discretion of Austrian authoritiesRequest for interpretation of Article 50 judgment — Whether Court has authority to give such an interpretation — Inherent jurisdiction of the Court — Intention of the Court in awarding compensation calculated in German marks — Whether it was the Court's intention that the sum awarded should be paid free of claims which might be made under Austrian law

AbstractThis chapter presents two case studies using online surveys for evaluation: a university needs assessment survey and the follow‐up survey; and a four‐year, multimillion‐dollar statewide evaluation project.