| Author | : Panos Kapotas |
| Publisher | : Cambridge University Press |
| Total Pages | : 503 |
| Release | : 2019-01-17 |
| Genre | : Law |
| ISBN | : 1108473326 |
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
| Author | : Kanstantsin Dzehtsiarou |
| Publisher | : Cambridge University Press |
| Total Pages | : 255 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1107041031 |
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
| Author | : Panos Kapotas |
| Publisher | : Cambridge University Press |
| Total Pages | : 503 |
| Release | : 2019-01-17 |
| Genre | : Law |
| ISBN | : 1108581919 |
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.
| Author | : S. Mayer |
| Publisher | : Springer |
| Total Pages | : 296 |
| Release | : 2014-08-26 |
| Genre | : Political Science |
| ISBN | : 1137330309 |
This collection is the first book-length study of NATO's bureaucracy and decision-making after the Cold War and its analytical framework of 'internationalization' draws largely on neo-institutionalist insights.
| Author | : Giovanni Landoni |
| Publisher | : Springer |
| Total Pages | : 156 |
| Release | : 2016-12-26 |
| Genre | : Medical |
| ISBN | : 3319466968 |
This second edition presents the first update on a consensus process during which all evidence from the literature with a survival benefit in the perioperative period was gathered, and in which 500 physicians from 61 countries worked to confirm the findings. Perioperative morbidity and mortality currently represent a public health problem, as mortality alone is 1-4% in Western countries. Surprisingly, randomized evidence of survival benefit in the perioperative period is available for only 12 topics, while two drugs have been demonstrated to increase mortality. This book offers a complete description of each topic with updated evidence from the literature. Each chapter deals with a specific drug or technique and is structured into the following: background knowledge, main evidence from the literature, and a practical how-to section. Lastly, the book describes in detail the consensus process used, which served to reinforce the systematic review and which is currently being used and improved in other settings with growing success. Written by respected international experts, Reducing Mortality in the Perioperative Period, 2nd ed. will be of interest to a wide variety of specialists, including anesthesiologists, intensivists, surgeons and cardiologists.
| Author | : Daniel Peat |
| Publisher | : Cambridge University Press |
| Total Pages | : 292 |
| Release | : 2020-07-09 |
| Genre | : Law |
| ISBN | : 9781108401470 |
Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 285 |
| Release | : 2014-11-13 |
| Genre | : Social Science |
| ISBN | : 9004281193 |
The ‘open society’ has become a watchword of liberal democracy and the market system in the modern globalized world. Openness stands for individual opportunity and collective reason, as well as bottom-up empowerment and top-down transparency. It has become a cherished value, despite its vagueness and the connotation of vulnerability that surrounds it. Scandinavia has long considered itself a model of openness, citing traditions of freedom of information and inclusive policy making. This collection of essays traces the conceptual origins, development, and diverse challenges of openness in the Nordic countries and Austria. It examines some of the many paradoxes that openness encounters and the tensions it arouses when it addresses such divergent ends as democratic deliberation and market transactions, freedom of speech and sensitive information, compliant decision making and political and administrative transparency, and consensual procedures and the toleration of dissent. Contributors are: Ainur Elmgren, Tero Erkkilä, Norbert Götz, Ann-Cathrine Jungar, Johannes Kananen, Lotta Lounasmeri, Carl Marklund, Peter Parycek, Johanna Rainio-Niemi, Judith Schossböck, Ylva Waldemarson, and Tuomas Ylä-Anttila.
| Author | : Damian A Gonzalez Salzberg |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 281 |
| Release | : 2019-02-07 |
| Genre | : Law |
| ISBN | : 1509914943 |
This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
| Author | : Haris Doukas |
| Publisher | : Springer |
| Total Pages | : 271 |
| Release | : 2018-12-10 |
| Genre | : Business & Economics |
| ISBN | : 3030031527 |
This open access book analyzes and seeks to consolidate the use of robust quantitative tools and qualitative methods for the design and assessment of energy and climate policies. In particular, it examines energy and climate policy performance and associated risks, as well as public acceptance and portfolio analysis in climate policy, and presents methods for evaluating the costs and benefits of flexible policy implementation as well as new framings for business and market actors. In turn, it discusses the development of alternative policy pathways and the identification of optimal switching points, drawing on concrete examples to do so. Lastly, it discusses climate change mitigation policies’ implications for the agricultural, food, building, transportation, service and manufacturing sectors.
