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Books on the topic 'The protection of property right in the European Convention on Human Rights'

Author: Grafiati
Published: 9 March 2023

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1

Çoban, Ali Riza. Protection of property rights within the European Convention on Human Rights. Aldershot, Hants, England: Ashgate, 2004.

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2

Popović, Dragoljub. Protecting property in European human rights law. Utrecht, The Netherlands: Eleven International Pub., 2009.

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3

Protecting property in European human rights law. Utrecht, The Netherlands: Eleven International Pub., 2009.

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4

Sigron, Maya. Legitimate expectations under Article 1 of Protocol No. 1 to the European Convention on Human Rights. Cambridge, United Kingdom: Intersentia, 2014.

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5

Sermet, Laurent. The European Convention on Human Rights and Property Rights. Strasbourg: Council of Europe, 1990.

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6

Personal freedom through human rights law: Autonomy, identity, and integrity under the European Convention on Human Rights. Leiden: Martinus Nijhoff Publishers, 2008.

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7

Schutte, Camilo Basilio. The European fundamental right of property: Article 1 of Protocol no. 1 to the European Convention on Human Rights : its origins, its working, and its impact on national legal orders. Deventer: Kluwer, 2004.

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8

The protection of property rights in comparative perspective: A study on the interaction between European rights law and Italian and French property law. Groningen: Europa Law Publishing, 2013.

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9

Immunities and the right of access to court under Article 6 of the European Convention on Human Rights. Leiden: Martinus Nijhoff Publihsers, 2010.

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10

Lauwers, Gracienne. The impact of the European Convention on Human Rights on the right to education in Russia: 1992-2004. Nijmegen: Wolf Legal Publishers, 2005.

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11

Wouters, C. W. International legal standards for the protection from refoulement: A legal anlysis on the prohibitions on refoulement contained in the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture. Antwerp: Intersentia, 2009.

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12

International legal standards for the protection from refoulement: A legal anlysis on the prohibitions on refoulement contained in the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture. Antwerp: Intersentia, 2009.

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13

Wouters, C. W. International legal standards for the protection from refoulement: A legal anlysis on the prohibitions on refoulement contained in the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture. Antwerp: Intersentia, 2009.

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14

Solheim, Stig H. Eiendomsbegrepet i Den europeiske menneskerettskonvensjon. [Oslo]: Cappelen Akademisk forlag, 2010.

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15

Engibaryan, V. G. Sepʻakanutʻyan iravunkʻě mardu iravunkʻneri Evropakan konventsʻiayum. [Erevan]: "Antʻares", 2008.

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16

Ekşi, Nuray. İnsan Hakları Avrupa Mahkemesi'nin M.B. ve diğerleri v. Türkiye, D.B. v. Türkiye, Dbouba v. Türkiye, Alipour ve Hosseinzadgan v. Türkiye davalarında 15 Haziran 2010 ve 13 Temmuz 2010 tarihlerinde verdiği kararların Türkçe tercümeleri ve İngilizce metinleri. Şişli, İstanbul: XII Lehva, 2010.

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17

Avrupa İnsan Hakları Mahkemesi Abdolkhani ve Karimnia, Türkiye davası: Mülteci ve sığınmacı hukuku açısından değerlendirme. Cağaloğlu, İstanbul: Beta, 2010.

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18

Ekşi, Nuray. İnsan hakları Avrupa mahkemesi'nin Charahili v. Türkiye, Kesmiri v. Türkiye, Ranjbar ve diğerleri v. Türkiye, Tehrani ve diğerleri v. Türkiye dâvâlarında 13 Nisan 2010 tarihinde verdiği kararların Türkçe tercümeleri ve İngilizce metinleri. Şişli, İstanbul: XII Levha, 2010.

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19

Müsadere ve mülkiyetin kamuya geçirilmesi. Ankara: Adalet Yayınevi, 2010.

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20

Zofia, Zawadzka. Wolność prasy a ochrona prywatności osób wykonujących działalność publiczną: Problem rozstrzygania konfliktu zasad. Warszawa: Wolters Kluwer Polska SA, 2013.

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21

Struillou, Jean-François. Protection de la propriété privée immobiliere et prérogatives de puissance publique: Contribution à l'étude de l'évolution du droit français au regard des principes dégagés par le Conseil Constitutionnel et par la Cour européenne des droits de l'homme. Paris, France: L'Harmattan, 1996.

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22

Malzahn, Bettina M. Bedeutung und Reichweite des Eigentumsschutzes in der Europäischen Menschenrechtskonvention: Eine Untersuchung unter besonderer Berücksichtigung der Enteignungen auf besatzungsrechtlicher bzw. besatzungshoheitlicher Grundlage zwischen 1945 und 1949 und der deutschen Restitutionsgesetzgebung nach der Wiedervereinigung. Frankfurt am Main: P. Lang, 2007.

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23

Baldinger, Dana. Vertical judicial dialogues in asylum cases: Standards on judicial scrutiny and evidence in international and European asylum law. Leiden: Brill Nijhoff, 2015.

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24

Grosse Ruse-Khan, Henning. The Protection of Intellectual Property in International Human Rights Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0008.

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This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.
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25

Social Security As A Human Right: The Protection Afforded by the European Convention on Human Rights (Human Rights Files). Council of Europe, 2007.

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26

Pavoni, Riccardo. The Myth of the Customary Nature of the United Nations Convention on State Immunity: Does the End Justify the Means? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0015.

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According to the European Court of Human Rights (ECtHR), the not-yet-in-force 2004 UN Convention on Jurisdictional Immunities of States and Their Property (UNCSI) codifies the customary law of State immunity. This chapter challenges that unqualified view,which signals a superficial reading of the UNCSI process, background, and norms. A primary illustration is offered by Article 11 on the employment exception to State immunity which, taken as a whole, is simply not validated by uniform State practice. Nonetheless, the ECtHR has consistently relied on that UNCSI provision. The chapter does not lose sight of the high level of protection of embassy employees and similarly situated individuals, which derives from the ECtHR UNCSI-related jurisprudence, and accepts that such a level of protection may have been the ultimate end pursued by the Court. Yet it is open to question whether that end is worth every legal means, including reliance on a convention which, in various respects, might result in an undue ossification and regression of the law of State immunity as hitherto interpreted and applied by many States.
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27

Rainey, Bernadette, Pamela McCormick, and Clare Ovey. Jacobs, White, and Ovey: The European Convention on Human Rights. 8th ed. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847137.001.0001.

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Seventy years after the founding of the European Court of Human Rights it has dispensed more than 22,000 judgments and affects the lives of over 800 million people. The eighth edition of Jacobs, White & Ovey: The European Convention on Human Rights provides an analysis of this area of the law. Examining each of the Convention rights in turn, this book lays out the key principles. Updated with all the significant developments of the previous three years, it offers a synthesis of commentary and carefully selected case-law, focusing on the European Convention itself rather than its implementation in any one Member State. Part 1 of the book looks at institutions and procedures, including the context, enforcement, and scope of the Convention. Part 2 examines each of the Convention rights including the right to a remedy, right to life, prohibition of torture, protection from slavery and forced labour, and respect for family and private life. Part 2 also examines the freedom of thought, conscience, and religion; the freedom of expression; and the freedom of assembly and association. The rights to education and elections are considered towards the end of Part 2, as are the freedoms of movement and from discrimination. Part 3 reflects on the achievements and criticisms of the Court and examines the prospects and challenges facing the Court in the present political climate and in the future.
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28

Petersmann, Ernst-Ulrich. Transforming World Trade and Investment Law for Sustainable Development. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192858023.001.0001.

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Abstract Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for ‘Transforming our World’—aimed at realizing ‘the human rights of all’ and seventeen agreed Sustainable Development Goals (SDGs)—requires transforming the United Nations (UN) and World Trade Organization (WTO) legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state capitalist, European ordo-liberal, and third-world conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance failures, and constitutional failures. For example, the intergovernmental negotiations in the context of the 1992 UN Framework Convention on Climate Change have failed to prevent or considerably limit climate change. In order to prevent trade, investment, energy, and climate conflicts, sustainable development requires reforming trade, investment, and environmental rules and dispute settlement systems. The global health pandemics confirm the need for constitutional reforms of multilevel governance of global public goods. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development, but European economic constitutionalism has been rejected by Anglo-Saxon neo-liberalism, China’s authoritarian state capitalism, and many third-world governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neo-liberal world order risks disintegrating. UN and WTO law must promote private–public network governance, civil society participation, and stronger judicial accountability in order to stabilize and depoliticize multilevel governance of the SDGs.
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29

Leigh, Ian. Reversibility, Proportionality, and Conflicting Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795957.003.0012.

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This chapter develops a test (the ‘reversibility test’) for resolving clashing rights cases where limitations of Convention rights for the protection of the ‘rights and freedoms of others’ are at stake. It demonstrates how the reversibility test operates in the context of the conflict between religious autonomy and the right to respect for private and family life under Articles 9 and 8 of the European Convention on Human Rights and why it is preferable to either definitional or ad hoc balancing between these rights. A critical analysis of the European Court of Human Rights’ Grand Chamber decision in Fernández Martinez v. Spain substantiates the utility and strengths of the test and shows how it vindicates the reasoning in the Court’s minority judgment.
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30

Herring, Jonathan. 6. Non-Fatal Non-Sexual Offences Against the Person. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811817.003.0006.

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This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against his or her wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.
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31

Hannibal, Martin, and Lisa Mountford. 3. The Powers to Stop, Search and Arrest. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0003.

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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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32

Hannibal, Martin, and Lisa Mountford. 3. The Powers to Stop, Search and Arrest. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0003.

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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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33

Hannibal, Martin, and Lisa Mountford. 3. The Powers to Stop, Search and Arrest. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0003.

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The police have extensive statutory powers to stop and search and to arrest a person in connection with the investigation of a criminal offence under various statutes, including the Police and Criminal Evidence Act 1984 (PACE 1984), the Terrorism Act 2000, the Misuse of Drugs Act 1971, and the Serious Organised Crime and Police Act 2005. This chapter examines the powers of stop and search before arrest; powers of arrest under PACE 1984; powers to search a person and his property after arrest; the power to grant street bail; and the right to liberty under Article 5 European Convention on Human Rights (ECHR 1950).
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34

Slovo of the National School of Judges of Ukraine. The National School of Judges of Ukraine, 2021. http://dx.doi.org/10.37566/2707-6849-2020-5.

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The special edition of the national professional scientific and practical legal magazine “The Slovo of the National School of Judges of Ukraine” was published, which contains reports delivered at the online conference "Ensuring the unity of judicial practise: the legal positions of the Grand Chamber of the Supreme Court and standards of the Council of Europe", held on the occasion of the third anniversary of the Grand Chamber of the Supreme Court. time of thematic sessions and webinars for judges of each of the courts of cassation in the Supreme Court, as well as joint sessions for judges of different jurisdictions at the end of 2020. The National School of Judges of Ukraine held these events together with the Supreme Court and in synergy with the Council of Europe projects "Support to Judicial Reform in Ukraine", "Further Support for Ukraine's Implementation in the Context of Article 6 of the European Convention on Human Rights", USAID New Justice Program, OSCE Project Coordinator in Ukraine. These are projects that support various aspects of judicial reform in Ukraine, compliance with Council of Europe standards and recommendations, offering best practices from member states to help make priorities in the national reform process. The conference and training events were attended by more than 550 participants - judges of the Supreme Court, other courts, leading Ukrainian and foreign experts, representatives of the legal community. Trainers and all structural subdivisions of the National School of Judges of Ukraine were involved, the training activities of which were identified by the CCEJ in one of its conclusions as one of the important tools to ensure the unity of judicial practice. Programs of activities included reports on the role of the Grand Chamber of the Supreme Court in ensuring the unity of judicial practice and the impact on the legal system; unity of judicial practice in the context of standards - improving access to justice in Ukraine: removing procedural obstacles and ensuring the right to an impartial court, approaches to identifying cases of minor complexity and cases of significant public interest or exceptional importance for a party in the context of access to court of cassation: practice the supreme courts of the member states of the Council of Europe and the European Court of Human Rights; key positions of the Supreme Court - application of the provisions of the procedural codes on the grounds for transferring the case to the Chamber, the joint chamber or the Supreme Court, the impact of its decisions on legislative activity, ensuring the specialization of courts and judges, the practice of the Supreme Court of the Supreme Court on administrative cases, the practice of considering cases of disciplinary liability of judges, conclusions on the rules of criminal law, review of court decisions in criminal proceedings in exceptional circumstances; the impact of the case law of the European Court of Human Rights on the case law of national courts and the justification of court decisions and the "balance of rights" in civil cases in its practice, the development of the doctrine of human rights protection; ECtHR standards on evidence and the burden of proof, the conclusions of the CCEJ and their reflection in judicial practice; judicial rule-making in the activities of European courts of cassation, etc. The issues raised are analyzed in the Ukrainian and international contexts from report to report, which, we hope, will be appreciated by every lawyer - both practitioners and theorists. As well as the fact that the depth of disclosure of each of the topics through the practice of application serves the development of law and contributes to the formation of the unity of judicial practice of the Supreme Court, the creation of case law is a contribution to rulemaking and lawmaking. The conversion of intellectual discourse into the practice of Ukrainian courts is an important step towards strengthening public confidence in the judiciary. And here the unifying force of the Supreme Court can be especially important, as the Chairman of the Supreme Court Valentyna Danishevska rightly remarked, speaking about the expectations of the society.
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