Isbn: 9783642424045 - the european court of human rights as a pathway to impunity for international crimes (3 Ergebnisse)

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Taschenbuch. Zustand: Neu. Druck auf Anfrage Neuware - Printed after ordering - Introductory Remarks on the Perspective and Intent of the Author in Writing This Monograph The European Court of Human Rights comments in the judgment Korbely v. Hungary that: However, clearly drafted a legal provision may be, in any system of law, including criminal law, there is an inevitable element of judicial interpretation. There will always be a need for elucidation of doubtful points and for adaptation to changing circumstances. Indeed, in the Convention States, the progressive development of the criminal law through judicial law making is a well-entrenched and necessary part of legal tradition.The Court's role is con ned to ascertaining whether the effects of such an interpretation [interpretation by the national courts and authorities of domestic law which sometimes may refer to or incor- rate international law principles or agreements] are compatible with the Convention 1 [European Convention on Human Rights and Fundamental Freedoms] (emphasis added). This book then examines to what degree this 'inevitable element of judicial interpretation' has been applied by the European Court of Human Rights in a manner consistent with the guarantees of the most fundamental human rights under international criminal, human rights and humanitarian law.…

Paperback. Zustand: Brand New. 2010 edition. 324 pages. 9.25x6.00x1.00 inches. In Stock.