Results 31 to 40 of about 788 (163)

Luxembourg Has Spoken: Polish and Dutch Judges' Satisfaction With Rule of Law Judgements of the Court of Justice of the EU

JCMS: Journal of Common Market Studies, EarlyView.
Abstract The last decade has witnessed a substantial increase in case law of the Court of Justice of the European Union (hereafter: ECJ or Court) concerning the rule of law. This expansion in case law reflects the significant challenges to the rule of law that have arisen in recent years. Several EU member states have implemented measures that severely
Urszula Jaremba, Jasper Krommendijk
wiley   +1 more source

SEARCHING COMMON EUROPEAN STANDARDS REGARDING BLASPHEMY? ANALYSIS OF ITALIAN, IRISH, AUSTRIAN REGULATION FROM THE LIGHT OF THE ECHR

Torun International Studies, 2019
The purpose of the presented article is to resolve the issue of the existence of the common European standard regarding the blasphemous speeches and examine its efficiency for possible mechanisms of resolving the collussion between freedom of expression ...
Hanna Monika Wiczanowska
doaj   +1 more source

Acknowledging the past in the post‐truth era: Witch‐hunts, lawfare and the veterans’ amnesty in Northern Ireland

Journal of Law and Society, EarlyView.
Abstract Using the amnesty introduced by the Boris Johnson government designed to protect British army veterans who served in Northern Ireland as a case study, this article examines the intersection between law, politics and the legacy of conflict. The article first offers an account of the amnesty's genesis and traces the evolution and deployment of ...
KIERAN MCEVOY
wiley   +1 more source

Aggravated Migrant Smuggling in a Transit Migration Context, Criminal Victimization under ECtHR Positive Obligations Case Law

Annales de la Faculté de Droit d’Istanbul, 2022
The legal dichotomy established between migrant smuggling and human trafficking has often been criticized, including from the perspective of associated distinctions arising in human rights protection.
Roxane De Massol De Rebetz, Pınar Ölçer   +1 more
doaj   +1 more source

Multiculturalism, Majority Rights and the Established Culture

Nations and Nationalism, EarlyView.
ABSTRACT Recent critiques of multiculturalism contend that it is the ethnic or cultural majority in Western democracies that is now most vulnerable to cultural and identity dissolution, thus entitling it to majority rights on much the same grounds that multiculturalists defend minority rights. These critiques follow and perpetuate the binary opposition
Geoffrey Brahm Levey
wiley   +1 more source

Situating the ICJ's advisory opinion in the wider ecosystem of international climate litigation

Review of European, Comparative &International Environmental Law, EarlyView.
Abstract Although international climate cases are a relatively recent phenomenon, the International Court of Justice's (ICJ) climate advisory opinion enters an increasingly well‐populated ecosystem of international climate jurisprudence. The ICJ's ruling, along with those of the International Tribunal for the Law of the Sea (ITLOS) and the Inter ...
Jacqueline Peel
wiley   +1 more source

Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

Utrecht Law Review, 2017
This article discusses to what extent and how the European Court of Human Rights (ECtHR) has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the ...
David Kosař
doaj   +1 more source

The Orwellian Reality of Counter-Terrorism Measures Under The ECHR

Groningen Journal of International Law, 2020
This paper seeks to analyze the impact of terrorism on the enjoyment of civil liberties guaranteed under the European Convention on Human Rights (ECHR).
Sam Thyroff-Kohl
doaj   +1 more source

The international climate change regime and general principles of law

Review of European, Comparative &International Environmental Law, EarlyView.
Abstract The Climate Change Advisory Opinion (AO) by the International Court of Justice (ICJ) demonstrates the growing prominence of general principles of law in international law. The Climate Change AO was handed down at the end of the International Law Commission's project on general principles of law with the adoption of its Draft Conclusions.
Renatus Otto Franz Derler, Mads Andenas
wiley   +1 more source

Fighting in a warming world: The emergence of climatic considerations in the conduct of hostilities under international humanitarian law

Review of European, Comparative &International Environmental Law, EarlyView.
Abstract This article seeks to assess the extent to which climatic considerations may be integrated into international humanitarian law (IHL). With evidence of significant greenhouse gas emissions from military actions in conflicts such as Gaza and Ukraine, the article highlights the climate impacts of armed conflict, showing how military activities ...
Mario Pasquale Amoroso
wiley   +1 more source