The European Court of Human Rights as a Pathway to Impunity for International Crimes

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book The European Court of Human Rights as a Pathway to Impunity for International Crimes by Sonja C. Grover, Springer Berlin Heidelberg
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Sonja C. Grover ISBN: 9783642107993
Publisher: Springer Berlin Heidelberg Publication: April 5, 2010
Imprint: Springer Language: English
Author: Sonja C. Grover
ISBN: 9783642107993
Publisher: Springer Berlin Heidelberg
Publication: April 5, 2010
Imprint: Springer
Language: English

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition…The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition…The Court’s role is con?ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this “inevitable element of judicial interpretation” has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.

More books from Springer Berlin Heidelberg

Cover of the book Metastatic Bone Disease by Sonja C. Grover
Cover of the book Diabetes and Hypertension by Sonja C. Grover
Cover of the book Generali Altersstudie 2017 by Sonja C. Grover
Cover of the book Reviews of Physiology, Biochemistry and Pharmacology 154 by Sonja C. Grover
Cover of the book Web Information Retrieval by Sonja C. Grover
Cover of the book CSR und Nachhaltige Innovation by Sonja C. Grover
Cover of the book Age Determination of Young Rocks and Artifacts by Sonja C. Grover
Cover of the book Calcified Tissues 1965 by Sonja C. Grover
Cover of the book Practical Gas Chromatography by Sonja C. Grover
Cover of the book Calreticulin by Sonja C. Grover
Cover of the book Pathways to Modern Chemical Physics by Sonja C. Grover
Cover of the book Unsaponifiable Matter in Plant Seed Oils by Sonja C. Grover
Cover of the book The New Genetics: From Research into Health Care by Sonja C. Grover
Cover of the book Exzellente Geschäftsprozesse mit SAP by Sonja C. Grover
Cover of the book Protein and Amino Acid Metabolism in Cancer Cachexia by Sonja C. Grover
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy