Suchergebnisse

This unique book examines the role and impact of human rights norms in international courts other than human rights courts. It covers a whole range of courts and jurisdictions, looking at the practice of prominent international courts, such as the International Court of Justice and the International Criminal Court, as well as various fora of economic adjudication, including the World Trade Organisation, regional integration organisations in Europe and Africa, and investment arbitration. The book systematically explores the role of human rights norms at the International Tribunal for the Law of the Sea, thereby providing an insight into the future evolution of environmental law towards judicial enforcement at the international level. Within each jurisdiction under study, the respective authors, who all are experts within their fields, address the role of different categories of human rights, as well as the range of available modes of operation of human rights norms.

The book is a comparative study in the status of international human rights norms in the domestic law of all the Nordic countries and the three Baltic states: Estonia, Latvia and Lithuania. An amazingly rapid development towards direct applicability of international human rights treaties has taken place in recent years in all the countries in question. This book provides in-depth analysis of the situation in the eight countries. Each country-specific chapter is followed by a document section. Depending on the country in question the documents include constitutional texts, incorporation enactments of human rights, treaties, court rulings etc. The English translations of the Constitutions of Estonia, Latvia and Lithuania are given in full. The book includes a Foreword by Dr. Ole Espersen, the Council of the Baltic Sea States Commissioner on Democratic Institutions and Human Rights, including the Rights of Persons belonging to Minorities

Published Online: 29 September 2021 ; This essay builds on my chapter in a book put together by a group of academics that takes stock of lessons learned over these two decades. Under the leadership of the two editors, professors Arianna Vedaschi of Bocconi (Italy) and Kim Lane Scheppele of Princeton (United States), the authors address a number of specific topics ranging from citizenship stripping to removal of terrorist online content and from intelligence cooperation to procedural fairness while also contributing to the general theme of the volume, the contours of global counterterrorism law and how—or whether—the UN Security Council has become a legislator for the world.

AbstractThis article is based on the author's involvement in preparing a Draft Statute for a future World Court of Human Rights. The proposal seeks to modify the traditional vertical structure of human rights norms by introducing a mechanism for adjudicating claims about human rights violations by actors other than states, including by international organizations (IO) or transnational corporations (TNC). The jurisdiction of the World Court would require acceptance by the IO or TNC, making the mechanism similar to the effects of an international treaty, i.e. being legally binding but at the same time based on consent to be bound. When accepting the jurisdiction of the World Court, each IO or TNC could also specify under what substantive human rights norms the right of complaint will apply, and what internal procedures need to be exhausted before an alleged victim can have resort to it.

The current volume in the EUI Law Department series of working papers results from the collaboration between the Department and the Finnish national Centre of Excellence Foundations of European Law and Polity, led by Professor Kaarlo Tuori of Helsinki University. Professors and researchers at the EUI Law Department have in a number of ways collaborated in the creation and operation of Foundations. Of present and former Professors of the Department, Miguel Poiares Maduro, Hans-W. Micklitz, Wojchiech Sadurski and Neil Walker have attended conferences by Foundations as speakers. It has been a valuable source of academic inspiration for me personally first to participate in the building-up and launch of Foundations while still at Åbo Akademi University in Finland, and then to engage in collaboration with the same Centre of Excellence after moving to the EUI as of September 2008. Law and Security - Facing the Dilemmas is a collection of papers emanating from so-called working group II within Foundations, headed by Professor Kimmo Nuotio of Helsinki University. As much of my own research, writing and teaching at the EUI is related to terrorism and counter-terrorism, it has fallen naturally to me to engage from the EUI side with the work done within Foundations. This collection of papers maps several dimensions of the multifaceted relationship between law and security, looking, inter alia, into issues related to the fight against terrorism, criminal law more generally, and the invocation of security among legitimate aims for the limitation of human rights. All authors are either members of Foundations or EUI researchers.