Higher education 509 results

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

This book is a collection of 66 essays on family law and family justice by academics and senior judges, celebrating the long and distinguished career of leading family law scholar, John Eekelaar, FBA.

Certain confidential lawyer-client communications are privileged from disclosure. Considering that these rules can differ from state to state, this book examines various states' disclosure laws and legal privilege rules in a comparative manner. It proposes a new rule that courts should use for determining the applicable privilege law during transnational litigation.

In family law proceedings, such as divorce, children are afforded the right to express their views and these must be considered seriously during the deliberation by the decision-maker. This book examines the international and European human rights frameworks through the lens of the child's right to participate.

This book examines the fascinating and turbulent development of Bulgarian private law from the end of the 19th century to the present day and highlights its particularities from a comparative perspective.

This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

This book provides a thorough account of states' obligations to prevent childhood obesity under the Convention on the Rights of the Child, focusing on restricting unhealthy food marketing to children. It also examines state obligations under the European Convention on Human Rights and EU law.

This book is a memoir that a great master of comparative law, Rudolf B. Schlesinger, wrote for the benefit of his children and grandchildren.

Statelessness remains an issue of concern in Europe. Stateless persons often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address the issue of statelessness, for instance through the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This book analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective.

This book presents a comprehensive framework through which to conceptualize marriage from a law and economics perspective. It shows the economic rationale behind substantive marriage law and proposes an efficient conflict of laws system that prioritizes predictability and congruency in the determination of the applicable law.

Human rights play a crucial role in health law and policy. This book systematically explores a range of themes and dimensions of 'health and human rights'. It discusses the approaches of the UN, Council of Europe and EU to health and human rights, as well as a number of important themes including autonomy and paternalism, vulnerability and entitlements, abortion, digitisation and artificial intelligence, and questions surrounding death and dying.

Bruce Harris has left an indelible mark on public law across the common law world. In this Festschrift, commentators explore key themes including the nature of executive power, issues concerning the judiciary, and the future of unwritten constitutions. This collection of essays conveys a distinctively pragmatic approach to public law, relevant to scholars and practitioners alike.

This book explores the role of Article 47 of the EU Charter of Fundamental Rights - which guarantees the right to effective judicial protection - in consumer cases before the Court of Justice of the European Union, as well as civil courts in Spain and the Netherlands.

The sixty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 27 January 2014 to 30 January 2015. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

This volume contributes to the literature on private international family law in Europe through the examination of two recent EU instruments: the Matrimonial Property Regulation and the Regulation on the Property Consequences of Registered Partnerships. The book presents the two regulations in a clear and comprehensive manner and analyses their implications for EU family law going forward.

This book focuses on the harmonisation of transactions avoidance laws in the EU. Based on national reports and input from 25 jurisdictions and employing a principle-based approach, it proposes a new Model Law which, in nine sections, provides for legal certainty as to which transactions should (or should not) be challengeable in all Member States under the same conditions.

The sixty-eighth volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICTY from 1 February 2015 to 29 June 2016. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

This sixty-sixth volume of the Annotated Leading Cases of International Criminal Tribunals contains the decision taken by the ECCC on 16 November 2018 in Case 002/02. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions.

In this book, which is part of the book series of the Common Core of European Private Law, reporters consider legal institutions that allow persons who have occupied private or public land of others to acquire that land through mere long-term use.