Human Rights in Europe
About: This article is published in Foreign Affairs.The article was published on 1977-01-01. It has received 45 citations till now. The article focuses on the topics: International human rights law & Right to property.
Citations
More filters
Posted Content•
TL;DR: San Marino ratified the Convention for the Protection of Human Rights and Fundamental Freedoms on 16 November 1988 on the basis of which it became a member of the European Union on 1 July 1993.
Abstract: This paper attempts to deconstruct the free speech defense of the publications of cartoons offensive to many Muslims in Denmark and elsewhere in Europe in order to highlight the deep philosophical tensions between the characterizations of religion and race, between free speech and hate speech, and between the freedoms of expression and of religion. A scrutiny of the jurisprudence of the European Court of Human Rights (“ECtHR”) reveals the difficulties inherent in defining permissible limits on expression, particularly as it involves the identification and prioritization of interests that are worthy of protection under a state's law. The struggles over the characterization of certain interests as fundamental rights, in turn, raise questions over the ‘fundamental-ness' of rights and the valuation of foundational social and political values that the rhetoric of rights presumes as incontrovertible. This study seeks to advance the argument that fundamental rights, such as the freedom of expression, are legal constructs whose value is contingent on the ends they are employed to serve in a given socio-political environment. While the contingency of fundamental rights is palpable in debates over their definition and over what they include or exclude, it is most clearly visible in the clash of fundamental rights, in particular the freedoms of expression and religion.
446 citations
Book•
12 Jun 2000TL;DR: The Modern Treaty Law and Practice (MTLP) as mentioned in this paper provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner, using clear, accessible language, drawing examples from both treaties and MOUs.
Abstract: This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties.
382 citations
Book•
19 Jan 2012TL;DR: In this article, the authors consider the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, with particular reference to the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.
Abstract: Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.
127 citations
TL;DR: In this paper, the authors argue that human rights as the fundamental moral authority of transnational and transcultural compacts can be found in several international accords adopted during the past four decades.
Abstract: Ethical guidelines for multinational corporations are included in several international accords adopted during the past four decades. These guidelines attempt to influence the practices of multinational enterprises in such areas as employment relations, consumer protection, environmental pollution, political participation, and basic human rights. Their moral authority rests upon the competing principles of national sovereignty, social equity, market integrity, and human rights. Both deontological principles and experience-based value systems undergird and justify the primacy of human rights as the fundamental moral authority of these transnational and transcultural compacts. Although difficulties and obstacles abound in gaining operational acceptance of such codes of conduct, it is possible to argue that their guidelines betoken the emergence of a transcultural corporate ethic.
123 citations
Posted Content•
TL;DR: The spread of embedded international courts (IC) has been documented in this article, where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders.
Abstract: Europe created the model of embedded international courts (IC), where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European-style ICs: there are now eleven operational copies of the European Court of Justice (ECJ), three copies of the European Court of Human Rights, and a handful of additional ICs that use Europe’s embedded approach to international law. After documenting the spread of European-style ICs, the article then explains how two regions chose European style ICs, yet varied from the ECJ model.
83 citations