Patent Remedies and Complex Products : Toward a Global Consensus, C. Bradford Biddle, Jorge L. Contreras, Brian J. Love, Norman V. Siebrasse

Автор: Francisco Pascual-Vives
Название: Consensus-Based Interpretation of Regional Human Rights Treaties
ISBN: 900437552X ISBN-13(EAN): 9789004375529
Издательство: Brill
Цена: 175330.00 T
Наличие на складе: Невозможна поставка.
Описание: In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San Jose, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.

Название: Building consensus on european consensus
ISBN: 1108473326 ISBN-13(EAN): 9781108473323
Издательство: Cambridge Academ
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Цена: 132000.00 T
Наличие на складе: Невозможна поставка.
Описание: Should prisoners have voting rights? Should terminally ill patients have a right to assisted suicide? Should same-sex couples have a right to marry and adopt? The book examines how such questions can be resolved within the framework of the European Convention of Human Rights. 'European consensus' is a tool of interpretation used by the European Court of Human Rights as a means to identify evolution in the laws and practices of national legal systems when addressing morally sensitive or politically controversial human rights questions. If European consensus exists, the Court can establish new human rights standards that will be binding across European states. The chapters of the book are structured around three themes: a) conceptualisation of European consensus, its modus operandi and its effects; b) critical evaluation of its legitimacy and of its outputs; c) comparison with similar methods of judicial interpretation in other legal systems.