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Despoina Glarou - The Impact of Naturalistic and Legal Positivist Doctrines on the Implementation of International Human Rights Treaty Law

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Despoina Glarou

The Impact of Naturalistic and Legal Positivist Doctrines on the Implementation of International Human Rights Treaty Law

Series: Nomos Universitätsschriften - Recht

Volume 899 2017

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E. Reservations to Human Rights Treaties: Natural Law Theory and Legal Positivism as Underlying Barriers to Human Rights Implementation S. 206-347

„… Reservations to Human Rights Treaties: Natural Law Theory and Legal Positivism as Underlying …” „… , expressing a political reality and political interests. The issue of reservations to human rights treaties …” „… human rights treaties carry a series of serious legal and practical implications that require direct …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Human Rights Treaties Despoina Glarou Nomos Nomos Universitätsschriften Recht Band 899 BUT_Glarou_3475-7 …” „… Regional Systemsb) 138 Remarksc) 139 Ambiguity in the role of human rights treaties3. 140 Introductiona …” „… Human Rights Treaties: Natural Law Theory and Legal Positivism as Underlying Barriers to Human Rights …”

Literature S. 353-372

„… . Melander, G., 2004. Reservations to Human Rights Treaties-Setting the Stage: Wishful Thinking or Prospects …” „… . Reservations to Treaties. Michigan Journal of International Law, p. 374ff. Fain, N., 2003. Human Rights within …” „… . Hathaway, O. A., 2002. Do Human Rights Treaties Make a Difference?. Yale Law Journal, Volume 111. Helms, J …”

C. The principle of respect for fundamental human rights and its implementation S. 91-156

„… human rights treaties, universal or regional that followed. In its very Preamble, “the peoples of the …” „… treaties are commonly perceived as merely declarative ones; logically, actual human rights “Declarations …” „… not been subsequently included in any human rights treaties; this would indicate that such rights do …”

A. Foreword S. 17-23

„… provisions which are central to the ‘object and purpose’ of human rights treaties, as well as the continued …” „… human rights treaties. The debate on ‘reservations to human rights treaties’ as Lijnzaad argues is not a …” „… rights treaties lies further below, in the very structure of the human rights legal system. This …”

Sources S. 377-387

„… , Executive Order 13107, Implementation of Human Rights Treaties, Fed. Reg. 68.991. (December 10, 1998 …” „… Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, ICJ …” „… (Decisions and Reports) Austria v. Italy, Application No. 788/60, 4 European Yearbook of Human Rights 116, at …”

F. Concluding Thoughts S. 348-352

„… human rights treaties. Through this case study, the naturalistic nature of the human rights concept and …” „… adopted by the different monitoring bodies of human rights treaties. This work contributes to existing …” „… relation to human rights treaties. However, due to the limitations of this research, other key legal issues …”

B. Fundamental aspects of the modern human rights concept S. 24-90

„… mechanism used by human rights treaties in order to secure compliance of the Member States to their …” „… sovereignty to sign human rights treaties. Indeed the nature or position of a state, in its political or …” „… analysis of State sovereignty and the relation to human rights and reservations to human rights treaties in …”

International Agreements S. 373-376

„… Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. GAOR, 3rd Sess., U.N. Doc A/810 at 71 …” „… , ETS No. 001, London (5 May 1949). European Convention for the Protection of Human Rights and …” „… Conference on Human Rights, Teheran, 22 April to 13 May 1968, U.N. Doc. A/CONF. 32/41 at 3 (1968 …”

D. Human Rights in a Legal Theoretical Systematic Approach: Natural Law Theory and Legal Positivism S. 157-205

„… heated debates on reservations to human rights treaties, which cause practical and extended …” „… human rights law there are the ‘imposed’ human rights treaties, and when ‘legislating’ – for example, in …” „… Human Rights in a Legal Theoretical Systematic Approach: Natural Law Theory and Legal Positivism …”

doi.org/10.5771/9783845278421

Eleni Trova, Vangelis Alexandrakis, Panagiotis Skouris - The Olympic Games of the European Union

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Eleni Trova, Vangelis Alexandrakis, Panagiotis Skouris

The Olympic Games of the European Union

2011

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Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova Human Rights & Anti-Discrimination Provisions in Sports Treaties S. 119

„… Human Rights & Anti-Discrimination Provisions in Sports …” „… ? theOlympic?Charter?[pdf]?state?that?sport?is?a?human?right …” „… ?and?prohibit?discrimination?of?any?kind.• International?Covenant?on?Economic,?Social?and?Cultural?Rights?-?No?specificmention?of?sport?is?made?in?the?International?Covenant?on?Economic,?Socialand? Cultural? Rights? (ICESCR).? However,? this? foundational? human …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova The Games of a city, a contact, an ideology S. 117-119

„… )The?Beijing?Olympics?were?being?prepared?under?the?protests?for?the?violationsof?human?rights …” „… ? is?doubtful,?though,?whetherthese?provisions?will?remain?symbolic?or?will?be?applied;?as?doubtful?as?the?securityof?the?human?rights?in?China.236 …” „… G.,?Olympische?Spiele?–?Die?andere?Utopie?der?Moderne?Olympia?zwischen?Kult?und?Droge,?Suhrkamp,?Frankfurt?aM,?1993,?p.?65?sec.118Human Rights & Anti-Discrimination Provisions in Sports …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova Violence and Sport in International Treaties-The Council of Europe position S. 66-69

„… ?of?the?European?Convention?of?HumanRights,?which?is?embodied?to?the?English?law?with?the?Human?Rights?Act?1998.According?to?the?article?46?of?the?EE?treaty,?member?s …” „… N.,?Divisional?Court,?Football?Banning?Orders:?Compatibility?with?European?Unionand?Human?Rights?Law,?in?JoCL?65?(451)?3,?Blackshaw I.,?Football?Hooligans?and?HumanRights,?in?151?NLJ?p.?1562,?Sudre …” „… fondamentales”,?which?is?the?classical?terminology?used?when?analyzing?human?rights?on?a?national(constitutional)?basis.75 See?above.68 …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova The competitive relation between the Olympic movement rules and the national/state ones and the institutional balancing of each Olympic organization S. 102-103

„… ested?interests?hasbeen?testes?in?respect?of?the?human?rights …” „… ? treaties,?constitutions)?arises.?The?aforementioned?rules?constitute?in?their?total?an?agreement?about?a?game,?no?matter?if?itis?a?game?of?power,?a?sporting?event?or?a?social?claim.?In?any?case,?the?achievementof?consent?constitutes?the?crucial?point?for …” „… It?is?doubtful,?though,?if?the?general?submission?of?all?future?disputes?directly?toCAS?is?valid.?This?is?explicitly?inconsistent?with?many?constitutions,?such?as?theGreek?one,?which?in?the?article?8?establishes?the?right?to?the?natural?judge.186 …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova The competitive relationship among the Olympic Movement rules and the state rules and the institutional balancing of each Olympic Organization S. 110-112

„… Olympics,?it?had?taken?into?account?the?declaration?that?the?hosting?of?the?Gameswould?help?the?human?rights?and?in?particular?the?mass?media?restrictions,?since215 See?revised?article?17 …” „… e?rules.This?consent,?of?course,?is?being?tested?in?case?the?regulatory?frameworks?of?thestates?within?the?territory?of?which?the?Olympics?are?organized,?do?not?appreciatein?total?or?partly?the?Olympic?Movement?rules,?as?has?happened?in?the?recent?caseof?China,?where? the?Olympic? achievements? and? the?Human?Rights …” „… ,?Lieu?Ginkmin,?vice-president?of?the?Olympic?Games?cliam?committee?declared:?“by?assigning?to?Beijing?to?host?the?Games?you?will?contribute?to?the?developmentof?the?human?rights …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova Titelei/Inhaltsverzeichnis S. 2-12

„… Human?Rights???Anti-Discrimination?Provisions?in?Sports?Treaties 119Chapter?6 120Olympic?Truce 120General 120The?ancient?truce 121The?foundation?of?the?truce 121 …” „… ?the?world?athletic?society?is?hosted?to?Beijing.?The?importanceof?the?Asian?continent?and?the?human?rights?crisis 49The?London?2012?Olympics 50The?challenge?of?the?first?European?Olympic?Games 51Chapter?3 55 …” „… Composition?and?formation-?arbitration?agreement-?competencydecisions 97Ad?hoc?section?(ADH) 99CAS?and?ECHR 100Obligatory?submission-standard?clauses-human?rights 101 …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova Olympic Charter and Human Rights S. 112-113

„… RightsThe?above?arguments?do?not?negate?the?general?questioning?about?the?protectionof?human?rights?as?a?Olympic?Charter?request,?which?tends?to?be?an?even?strongerrequest?as?the?time?goes?by.?Indeed,?one?could?argue?that?given?the?destitution?inthe?human …” „… uld?highlight?the?principle?which?establishes?a?human?right?to?sport,?the?principle?of?tolerance?or?the?one?of?the?sustainable?development?and?the?principle?of?fair?play.Is sport a human right?In?particular,?as?regards?the?right?to?sport,?the?paragraph?4 …” „… ?of?the?fundamental?principles?of?Olympism?provides?that:?“The?practice?of?sport?is?a?human?right …”

Vangelis Alexandrakis, Panagiotis Skouris, Eleni Trova Fair play in the Code of Sports Ethics of the Council of Europe S. 73-74

„… ?arebinding?under?the?respective?Contracts.Therefore,?these?principles?cannot?be?understood?through?a?constitutional?approach?or?an?approach?on?the?basis?of?international?law?principles?on?human?rights,but?only?at?philosophical?or?historical?level.Fair play in the Code of Sports Ethics of the Council of …” „… ?Ethics-Fair?Play?on?Sport.According?to?the?Code?of?Sports?Ethics,?fair?play?reflects?much?more?than?mererespect?of?the?rules?of?the?game.?It?incorporates?the?concepts?of?friendship,?respectfor?others?and?playing?within?the?right …” „… PLAYFair?play?is?defined?as?much?more?than?playing?with?the?rules.?It?incorporates?the?conceptsof?friendship,?respect?for?others?and?always?playing?within?the?right?spirit.?Fair?play?is?definedas?a?way?of?thinking,?not?just?a?way?of?behaving.?It?incorporates?issues?concerned?with?theelimination? of?cheating,?gamesmanship,?doping,? violence …”

doi.org/10.5771/9783845233499

Kirsten Lampe - Human Rights in the Context of EU Foreign Policy and Enlargement

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Kirsten Lampe

Human Rights in the Context of EU Foreign Policy and Enlargement

Series: Nomos Universitätsschriften - Recht

Volume 488 2007

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The Legal Basis for Human Rights Under the Treaties S. 103-105

„… Legal Basis for Human Rights Under the TreatiesDuring the greatest part of European Political …” „… deeply divided.53. Why Did the EU Include Human Rights as a Principle of its Foreign Policy and How Was …” „… it Put into Practice?Before assessing the EU’s current human rights policy in foreign relations and …”

The Treaties of Rome and Paris S. 40-50

„… Community under the various Treaties that created the EU.2.1.2 Fundamental Human Rights Under the TECThe …” „… original constituent Treaties of the Community did only contain very few human rights, which were important …” „… treaties for the protection of human rights onwhich the Member States have collaborated or of which they …”

The Progression of CFSP in the EU S. 101-103

„… Legal Basis for Human Rights Under the TreatiesDuring the greatest part of European Political …” „… 101Chapter IIIThe Common Foreign and Security Policy and Human Rights1. IntroductionThe foreign …” „… political or security related.Human rights became integrated in the TEU at the same time as the …”

What Type of Rights Are Protected? S. 137-146

„… part of general human rights doctrine. In order to develop their identity, minorities neededspecial …” „… provided for in Article 26 ICCPR); otherwise this provisionwould have been unnecessary. The human rights …” „… clearly between individual and collective rights granteddirectly to human beings. Minority rights …”

Introduction S. 39-40

„… theTreaty of Nice of 20004 and how far these Treaties reflect the development of theEU’s human rights …” „… Council of Europe and the Organisation for Security and Co-operation in Europe with Regard to Human Rights …” „… structures that play a direct role in the promotion of human rights within the EuropeanUnion, the …”

Non-legally Binding Instruments S. 32-34

„… 1993 for the first timea provision on the protection of human rights was inserted into the Treaties …” „… human rights policy in Europe, the Chapter not only assesses the Treaties and legal basis underlying the …” „… of the relevantprovisions in the various EC/EU Treaties that refer to human rights as well as …”

The Role of the Charter of Fundamental Rights of the European Union S. 73-77

„… human rights policy in the European Union mainlydeveloped through the jurisprudence of the ECJ, thus …” „… to the elaboration ofa human rights charter can be seen in two different reasons: on the one hand …” „… to their nationally and internationally protected human rights,123 protection of human rights on EU …”

The Single European Act S. 50-52

„… adoption of measures regarding the protection of human rights, so longas an amendment of the Treaties is …” „… European Court of HumanRights indicate that it upholds the right not to give evidence against oneself’.The …” „… European Court of Human Rights meanwhile held in the case of Funke59that Article 6 did indeed protect ‘the …”

Methodology S. 34-38

„… the protection of human rights was inserted into the Treaties withthe Treaty of Maastricht. At the …” „… relevantprovisions in the various EC/EU Treaties that refer to human rights as well as decisions of the European …” „… the EU’s human rights and minority policy with regard to old and newMember States (or applicants …”

Security Aspects with Regard to Minorities S. 127-132

„… Union, the European Convention on Human Rights, the International Covenant on Civil andPolitical Rights3 …” „… compatible with civic, democratic pluralism and gives the EU morecredibility for its human rights record.2 …” „… consequence of the human rights/minority rightsabuses during the war in former Yugoslavia. This war, which …”

The Treaty of Nice S. 77-80

„… human rights policy and wastherefore not discussed in the section on the ToA.126 See Annex IV to the …” „… mechanism has been abolished. Whetherthese new provisions will promote the human rights policy within the …” „… committed Member States to include human rights in joint actions orcommon positions more often than it would …”

Summary and Observations S. 237-242

„… foreign policy.It concludes that human rights have become an integral part of the EU and theirrole has …” „… accorded to human rights is evident in the factthat human rights preceded the inception of the European …” „… Europe since 1949. But the Union gave human rights a more prominent roleunderlying its development and …”

CFSP – Current Practice S. 106-111

„… 106or commercially unimportant states. Or considerations of human rights and democratic principles …” „… policy on human rightscan only be brought to light by looking at the current practice of human rights …” „… numerous declarations about the human rights situation in third countries, takes common positions or joint …”

Minority Protection Under the TEU and TEC Provisions S. 156-164

„… concept of minority rights into thefounding Treaties. However, some Articles in the TEU/TEC assume some …” „… rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental …” „… protection of human rights but it does notprovide for any of the above described ‘specific minority rights …”

The Structure of the Council S. 94-95

„… European organisation active in the protectionof human rights to be assessed in this Chapter. Its Court …” „… play a role in the EU’s human rights policy, particularlywith regard to national minorities, which will …” „… reaction to the serious human rights violations that Europe had witnessed during the war. The Statute of …”

The Convention S. 95-97

„… rights stated in the United Nations Universal Declaration of Human Rights of 1948. The scope of the …” „… States: the European Commission of Human Rightsand the European Court of Human Rights, both established …” „… following decisions to which they have not beena party.161 4.3 The Commissioner for Human RightsThe idea of …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Basis for Human Rights Under the Treaties 1033.2 Can Human Rights Be Seen as a ‘Larger Overall Value …” „… Nomos UniversitätsschriftenRechtBand 488Kirsten LampeHuman Rights in the Contextof EU Foreign …” „… Security and Co-operation in Europe with Regard to Human Rights 391. Introduction 392. The European Union …”

EU Minority Policy with Regard to the Central Eastern European Countries S. 151-156

„… with Regard to the Central Eastern European CountriesThe EU’s concern about human rights and the …” „… its lack of resources andexpertise involving the protection of human rights in Eastern Europe, the EU …” „… ; Article 6 of the Agreements stipulated the ‘respect for the democratic principles and human rights …”

The Treaty of Maastricht S. 52-63

„… law on human rights, and the Joint Declaration of 197764 signal developments that were further pursued …” „… EuropeanConvention for the Protection of Human Rights signed in Rome on 4 November1950 and as they result from …” „… interpretative ‘source of inspiration’.It has to be noted though that these human rights principles would have to …”

What Are Minorities? A Variety of Definitions S. 132-137

„… of the Commission on Human Rights.It was established by the Commission at its first session in 1947 …” „… Sub-Commission on the Promotion and Protection of Human Rights.22 Francesco Capotorti, ‘Study of the Rights of …” „… in 1985 and a textprepared by Jules Deschênes was transmitted to the Commission on HumanRights with …”

Bibliography S. 249-263

„… Series,London 1998)Alston, Philipp (ed.), ‘The EU and Human Rights’ (Oxford University Press, 1999)Arnull …” „… http://www.cia.gov/cia/publications/factbook/Clapham, Andrew, ‘Human Rights and the European Community: A Critical Overview’, Volume1 (European …” „… )Donnelly, Jack, ‘Human Rights, Individual Rights and Collective Rights’, in Jan Berting et al.(eds.), Human …”

Introduction S. 101

„… 101Chapter IIIThe Common Foreign and Security Policy and Human Rights1. IntroductionThe foreign …” „… political or security related.Human rights became integrated in the TEU at the same time as the …” „… disposal in order to give expression to its concern over human rights in third countries within the …”

Conclusion S. 84-85

„… led to significant institutionalchanges. The role of human rights, which already found their way into …” „… it by creating a separate legal framework for human rights protectionat EU-level. In practice, many …” „… observed that despite the progress, which hasbeen made at EU level in the area of human rights, the context …”

Conclusion S. 93-94

„… 1994 for the practical application of the human rights standards that it had been setting in …” „… human rights throughout the OSCE area, giving priority tointer-institutional co-operation and …” „… European organisation active in the protectionof human rights to be assessed in this Chapter. Its Court …”

The Constitutional Convention and Draft Constitution S. 83-84

„… ratified in 25 countries, some of which must hold popular referenda. With regard to human rights the draft …” „… European Convention for the Protection of HumanRights and Fundamental Freedoms’. In case these provisions …” „… led to significant institutionalchanges. The role of human rights, which already found their way into …”

Reflections on Theory S. 28-29

„… to be promoted on an international scale, also with regardsto human rights. There is a symbiosis …” „… . Whether the internal dynamic of the EU has also led to a human rights (including minority rights) policy …” „… international human rights law provide sources for the analysis of the roleand status of minority rights. Since …”

Stage One: November 1972 to August 1975 S. 85-87

„… rights, intensive discussions regarding human rights in Europe took place in the framework of the CSCE …” „… . In order to give a more comprehensive view on human rights policy in Europe, as practised in …” „… human rights agenda.3. The OSCEThe idea of a pan-European security conference was originally raised by …”

A New Organisation S. 92-93

„… Economic Forum; (iv) The Office for Democratic Institutions and Human Rights; (v) The informal Financial …” „… human rights standards that it had been setting in previousyears.Although the OSCE has no legal status …” „… provides active support for promoting democracy, the ruleof law and respect for human rights throughout the …”

The Concept of Non-Discrimination S. 29-31

„… above discussed theories, provisions and instruments of the framework of international human rights law …” „… rights can be foundin EU Treaties or Directives, the book draws from these sources as a referencepoint …” „… framework for the international protection of human rights provides few legally binding provisions relating …”

Realism S. 19-22

„… enterprising idea led to the establishment of the European Community with human rights being of little concern …” „… and Eastern Europe,1 under the aegisof economic integration, democracy and human rights. In this …” „… context, the aim of the book is to examine the development and the roleof human rights in the European …”

The Role of the Main Political Bodies S. 182-185

„… slightly different approach to minority rights. Whilst the UN Human Rights Committee includes immigrants in …” „… meeting of 1990, after the CSCE had been largely ineffective in promoting human rights due to opposition …” „… Independent Studies, 1985.183upholding of human rights and fundamental freedoms, the promotion of the ruleof …”

The European Charter for Regional or Minority Languages S. 172-173

„… on Civil and Political RightsThe ECJ emphasised in the Nold Case135 that ‘international treaties for …” „… the protection of human rights on which the Member States have collaborated or ofwhich they are …” „… . Commenting on the declaration related to article 27 of the ICCPR, the Human Rights Committee noted France’s …”

The Convention on the Elimination of All Forms of Racial Discrimination. S. 179-182

„… 179of the UN Sub-Commission on the Promotion and Protection of Human Rights.One of its …” „… Member States facing minority problems.Another, last human rights instrument of the UN-system that could …” „… belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and …”

The Relationship Between the ECJ and the ECtHR and Between the European Convention on Human Rights and the EU Charter on Fundamental Rights S. 80-83

„… Between the ECJ and the ECtHR and Between the European Convention on Human Rights and the EU Charter on …” „… Fundamental RightsIt is debatable whether the jurisdiction of the Court of Human Rights in Strasbourg will …” „… lose its influence if the EU Institutions were to go their own way inprotecting human rights. Despite …”

Reasons for the Current Double-Standards Policy S. 189-193

„… emergency situations, and in particular, to gross violations of human/minority rights. However, as long as …” „… provide for positive rights of minority members. In addition, the UN Human Rights Committee includes …” „… exacerbates the EU’s realist approach to human rights, as concluded in the preceding Chapter, which at the …”

The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities S. 173-179

„… on Civil and Political RightsThe ECJ emphasised in the Nold Case135 that ‘international treaties for …” „… the protection of human rights on which the Member States have collaborated or ofwhich they are …” „… . Commenting on the declaration related to article 27 of the ICCPR, the Human Rights Committee noted France’s …”

Community Law and Legislative Initiatives Concerning Minorities S. 146-151

„… , Allan Rosas(eds.), The European Union and Human Rights, p. 138.65 A3-0042/94 , OJ C 61/111 1994.66 ETS …” „… CountriesThe EU’s concern about human rights and the protection of minorities in Easternand Central Europe has …” „… secession, but can become a principleof inclusion for minorities through the right to participate, to …”

The Treaty of Amsterdam S. 63-73

„… the principles of liberty, respect for human rights and fundamental freedoms, democracy and the ruleof …” „… the institutions for compliance with human rights principles. 2.4.1 The Principles of Articles 6 and 7 …” „… of the Treaty of AmsterdamThe human rights provision Article F (2) was renumbered Article 6 (2), but …”

doi.org/10.5771/9783845200187

Julian Scheu, Rainer Hofmann, Stephan W. Schill, Christian J. Tams - Investment Protection, Human Rights, and International Arbitration in Extraordinary Times

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Julian Scheu (ed.), Rainer Hofmann (ed.), Stephan W. Schill (ed.), Christian J. Tams (ed.)

Investment Protection, Human Rights, and International Arbitration in Extraordinary Times

Series: Schriften zur Europäischen Integration und Internationalen Wirtschaftsordnung

Volume 61 2022

Results in this title

Barnali Choudhury Chapter 3: Human Rights Provisions in International Investment Treaties and Investor-State Contracts S. 87-118

„… efforts.Human Rights Provisions in Investment TreatiesHuman rights provisions in investment treaties are a …” „… -Related Provisions in Investment TreatiesApart from references to human rights, several investment treaties contain …” „… treaties and investor-State contracts pose to human rights.The Disconnect Between International Investment …”

Henner Gött Chapter 8: ILO Labour Standards in International Investment Law S. 253-288

„… the intersection between international investment law and human rights tends to gloss over the topic …” „… ever to address human rights topics at international level. As a result, ILO labour standards are …” „… European Court of Human Rights (ECtHR).82 For a last example, the investor’s compliance with domestic …”

Martin Gronemann, Markus Krajewski Chapter 12: International Investment Law and the COVID-19 Pandemic: Exit, Voice, or Loyalty? S. 405-430

„… does not establish a hierarchy of human rights over investment treaties.To conclude: regime-internal …” „… Steininger, Investment and Human Rights in the Shadow of the Pandemic: Recent Developments in 2020, MPIL …” „… CCSI and signed by economists like Jeffrey Sachs and Dani Rodrik as well as human rights experts like …”

Filip Balcerzak Chapter 4: Jurisdiction and Admissibility in Investment Treaty Arbitration – A Human Rights Perspective S. 119-148

„… increasingly referring to human rights with approximately 50 treaties concluded in the last 10 years either …” „… international law and/or human rights treaties, provided that the claims concern (refer to) disputed …” „… on customary international law and/or human rights treaties, will be used alongside (not instead of …”

Julian Scheu, Rainer Hofmann, Stephan W. Schill, Christian J. Tams Introduction: Investment Protection, Human Rights, and International Arbitration in Extraordinary Times S. 19-36

„… human rights treaties, and vice versa.The Limits of Macro PerspectivesMacro perspectives that view the …” „… relationship between international investment treaties and human rights treaties as an interaction between two …” „… determine the ‘cash value’16 of human rights in the process of interpreting investment treaties – just as …”

Anna Hankings-Evans Chapter 9: Africa’s Human Rights and Development-Based Approaches to International Investment Law S. 291-336

„… Part 4:African Perspectives on International Investment Law and Human RightsAfrica’s Human Rights …” „… ?sequence=1 (last visited on 20 July 2022).3 Antony Anghie, ‘Inequality, Human Rights, and the New …” „… International Economic Order’, 10 Humanity: An International Journal of Human Rights, Humanitarianism, and …”

Anne van Aaken Chapter 1: Investment Protection, Human Rights, and International Arbitration: Cross-Fertilization or Regime-Collision? S. 39-64

„… Choudhury, ‘Human Rights Provisions in International Investment Treaties and Investor-State Contracts …” „… domestic law, contracts, human rights treaties and soft law standards. Therefore, the Rules are flexible …” „… regional human rights courts, and UN quasi-judicial bodies monitoring compliance with human rights treaties …”

Tomasz Milej Chapter 10: Reclaiming African Agency: The Right to Regulate, Investor-State Dispute Settlement, and the ‘Africanisation’ of International Investment Law S. 337-368

„… on the issue of human rights and transnational corporations and other business enterprises et al …” „… , supra note 3, at 447; Nicollo Zugliani, ‘Human Rights in International Investment Law: The 2016 …” „… Investment Law Journal (2019) 496.50 Tomasz Milej, ‘Human Rights Protection by International Courts – What …”

Christina Binder Chapter 7: Investment Protection and Human Rights: Tensions and Perspectives with a Special Focus on the Rights of Indigenous Peoples S. 217-252

„… Human Rights233law of treaties69 or as applicable customary international law. In a similar vein …” „… Investment Protection and Human Rights: Tensions and Perspectives with a Special Focus on the …” „… law and human rights shows especially well in the case of indigenous peoples. The nature of disputes …”

Contributors S. 431-435

„… number of public international law issues, including human rights, the law of treaties, international …” „… human rights as well as international legal theory and behavioural economic approaches to law. She was …” „… commercial arbitration, including a monography on “Investor-State Arbitration and Human Rights”. He is an …”

Titelei/Inhaltsverzeichnis S. 1-18

„… Investment Protection, Human Rights, and International Arbitration in Extraordinary TimesScheu …” „… Stephan W. Schill | Christian J. Tams (Eds.)Investment Protection, Human Rights, and International …” „… . | Tams, Christian J. Investment Protection, Human Rights, and International Arbitration in Extraordinary …”

Juan Ignacio Massun, Gustavo Becker Chapter 2: Business and Human Rights Arbitration: A Latin American Perspective on the Application of the Hague Rules S. 65-84

„… Business and Human Rights Arbitration: A Latin American Perspective on the Application of the Hague …” „… RulesJuan Ignacio Massun and Gustavo Becker*IntroductionBusiness and human rights disputes arise out of the …” „… interactions between business enterprises and individuals as subjects of human rights. For the resolution of …”

Tillmann Rudolf Braun Chapter 11: State Responsibility and Investment Protection in the Time of Pandemic S. 371-404

„… Part 5:International Investment Law and Human Rights in the Era of COVID-19State Responsibility and …” „… Benjamin Meier and Larissa Mori, ‘The Highest Attainable Standard: Advancing a Collective Human Right to …” „… arbitration and the ECtHR, where the European human rights system operates in a specific setting founded on …”

Edward Guntrip Chapter 6: Domestic Human Rights Frameworks as a Means to Regulate Investments in Land, Food, and Water: A Case Study of Cambodia S. 181-216

„… Charter, the Universal Declaration of Human rights and all the treaties and conventions related to human …” „… human rights law treaties are directly incorporated into Cambodia’s domestic legal framework and are …” „… Rights Home: An Examination of the Domestication of Human Rights Treaties in Nigeria’, 51 Journal of …”

Peter-Tobias Stoll, Malte Gutt Chapter 5: The EU-China Investment Agreement – Investment Liberalization, Sustainable Development, and Human Rights S. 149-178

„… the ongoing dialogue on human rights.EU-China Economic RelationsCAI can be seen as a remarkable …” „… , including in view of human rights.3 In turn, China had to subject itself to multilateral standards in …” „… the agreement must not be in contradiction to the EU’s fundamental values, including human rights.19 …”

doi.org/10.5771/9783748914068

Christina Binder, Konrad Lachmayer - The European Court of Human Rights and Public International Law

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Christina Binder (ed.), Konrad Lachmayer (ed.)

The European Court of Human Rights and Public International Law

Series: Schriften zum Internationalen und Vergleichenden Öffentlichen Recht

Volume 23 2014

Results in this title

The European Court of Human Rights and the Law of Treaties – Sign of Fragmentation or Unity? S. 41-64

„… The European Court of Human Rights and the Law of Treaties – Sign of Fragmentation or Unity …” „… . Appreciation V. Concluding Remarks I. Introduction Human rights treaties have always had a prominent …” „… Rights and the Law of Treaties ly referred to as a “law making” treaty, the European Convention on Human …”

State Succession and the Jurisprudenceof the European Court of Human Rights S. 119-144

„… Respect of Human Rights Treaties’ 7 European Journal of International Law (1996) 469, 471–472; P …” „… succession in respect of humanitarian, i.e. human rights and international humanitarian treaties in the …” „… approach, according to which any successor state shall become party to the human rights treaties the …”

Introduction S. 7-10

„… Introduction from the very reasons which gave rise to the establishment of human rights treaties as a special …” „… reference see Christina Binder, The European Court of Human Rights and the Law of Treaties, in this volume …” „… an autonomist stand, upholding the particularities of human rights treaties? And, in case of the …”

Titelei/Inhaltsverzeichnis S. 1-6

„… ...................................... 11 Christina Binder The European Court of Human Rights and the Law of Treaties – Sign of …” „… CHRISTINA BINDER / KONRAD LACHMAYER (EDS.) The European Court of Human Rights and Public …” „… te rn at io na l L aw How does the European Court of Human Rights deal with notions, concepts and …”

The European Court of Human Rights and State Responsibility S. 93-118

„… ; on the notion of ‘jurisdiction’ in human rights treaties see M. Milanovi³, ‘From Compromise to …” „… Principle: Clarifying the Concept of State Jurisdiction in Human Rights Treaties’ 8 Human Rights Law Review …” „… The European Court of Human Rights and State Responsibility Melanie Fink I. Introduction …”

Contributors to this Volume S. 145-146

„… accountability for human rights violations during Frontex-coordinated joint operations. She receives a DOC …” „… and the Law of Treaties. The Hague, Eleven International Publishing, 2010, and he is editor-in-chief …”

State Immunity and the Right of Access to Courtin the Recent Case Law of the ECtHR S. 65-92

„… parties to other human rights treaties, to the extent that it is also followed by their respective …” „… the right of access to court in cases of violations of fundamental human rights III. The …” „… relationship between immunity and the violation of fundamental human rights A. The relationship between …”

The duty not to recognise unlawful territorial situations and the European Court of Human Rights S. 11-40

„… The duty not to recognise unlawful territorial situations and the European Court of Human Rights …” „… . Introduction The European Court of Human Rights (hereafter the ECtHR or the Court) has occasionally been …” „… requested to rule on alleged human rights violations supposedly committed in territories occupied or …”

doi.org/10.5771/9783748930679

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