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This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights. To set the context, the book first gives a brief but comprehensive analysis of property rights from Ancient Greek times until now. Subsequently, it compares the protection of legitimate expectations with its underlying principles in other legal orders. The book addresses three main research questions: What are the conditions for the creation and protection of legitimate expectations in the context of Article 1 of Protocol No. 1? What roles do confidence, detriment, and fair balance play in that context? What purposes do legitimate expectations fulfill in the context of Article 1 of Protocol No. 1? To answer these questions, the book offers an extensive analysis of the European Court of Human Rights' case-law related to legitimate expectations under Article 1 of Protocol No. 1. The book collects and lists the main misunderstandings with respect to legitimate expectations in cases brought before the European Court of Human Rights. The conclusion assesses the major results and paves the way for future debate about the doctrine of legitimate expectations under Article 1 of Protocol No. 1.
Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR could be applied in future investment disputes. Therefore, it is inevitable that concepts already evolved in the investor-state arbitrations would need to be compared and assessed through the prism of concepts established in the context of human rights. Since the main concern of the investor-state arbitration is related mainly with property rights, Article 1 of Protocol No. 1 of the European Convention on Human Rights (A1P1) and concepts evolved in regard of the latter could become of great importance in investment disputes. This article aims to compare a very narrow aspect which is found in both, case-law of the investor-state arbitration and in the practice of the ECHR - protection of legitimate expectation in the context of proprietary rights. Subsequently, the question which will be analyzed therein is whether there is a substantial difference between the concept of protection of legitimate expectation in the investor-state disputes and the ECHR, and could the latter supplement the principles established in foreign investment disputes.
This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Nutshells present the essentials of law in clear and straightforward language, explaining the basic principles. Features such as diagrams and checklists make them easy to use, while the inclusion of model questions and answer plans help students test their knowledge. Nutshells are an essential revision aid and ideal for getting fully up to speed with a new subject
This third edition of the Short Guide, which covers developments to the end of 2003, provides a concise overview of the basic rights guaranteed by the Council of Europe's Convention on Human Rights, and the case-law relating to these rights. The publication also details the procedures followed by the European Court of Human Rights when handling applications under the Convention, and the role of the Committee of Ministers as a supervisory organ in giving force to the judgments of the Court.
Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.
The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.
The authors grapple with questions raised by the Court’s reversal in its approach to the violations of the rights to home and property of Cypriot displaced persons resulting from the Turkish occupation of northern Cyprus. In the 4th interstate application of Cyprus v. Turkey, the Court found Turkey in violation of the rights to home and property of hundreds of thousands of Greek Cypriot internally displaced persons resulting from the invasion and occupation of northern Cyprus. Such findings were also firmly established in a handful of individual applications, most prominent amongst which is the landmark case Loizidou v. Turkey. However, a couple of decades following these judgments the findings of violations were jettisoned by the inadmissibility decision in Demopoulos and others v. Turkey.