COUNCIL OF EUROPE
Here you find some books that are related to the Council of Europe. You can go to the European Court of Human Rights where you will find all the books that we published for the Court in cooperation with the Council of Europe.
Shipping Weight: 600 gram
ISBN (softcover) : 91875-2713
The Statute of the Council of Europe, signed in London on 5 May 1949, after declaring the aim of the Organisation, states in Article 1, paragraph b: “This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms.” European Conventions and Agreements are prepared and negotiated within the institutional framework of the Council of Europe. The Secretary General of the Council of Europe is made the depositary of European Conventions and Agreements. The originals of these treaties are kept by him; as a rule, he presides over their signature, and with him are deposited the instruments of ratification, acception or accession. It is he who is responsible for the notifications prescribed in the final clauses, and who arranges for registration with the Secretariat of the United Nations. Following the practice instituted by the Committee of Ministers of the Council of Europe in 1965, explanatory reports have been published on some of the treaties. These reports, prepared by the committee of experts instructed to elaborate the European Convention or Agreement in question and published with the authorisation of the Committee of Ministers, might facilitate the application of the provisions of the respective treaties, although they do not constitute instruments providing an authoritative interpretation of them.
In this collection all treaties and available explanatory reports are being published.
Selected Case-Law of the European and Inter-American Human Rights Courts
Council of Europe/European Court of Human Rights & Inter-American Court of Human Rights
Pages: 574 pages
Shipping Weight: 800 gram
In recent years the European and Inter-American human rights courts have intensified their cooperation. This judicial dialogue is important given the similarity of the rights and freedoms protected by the respective treaties governing the work of the two courts, and the existence of equivalent criteria of admissibility and principles of interpretation.
Moreover, the increasing similarity of the issues brought before the two courts has conferred a new relevance on their respective bodies of case-law.
This book, published in English and Spanish, presents a selection of the leading decisions delivered by each court in 2014. In addition to their importance in their own right, some of these cases also serve to illustrate parallels in the manner in which the two conventions are interpreted, areas where the methodology diverges and, most importantly, how the two courts are increasingly having regard to each other’s approach to human-rights protection.
Selección de jurisprudencia del Tribunal Europeo y la Corte Interamericana de Derechos Humanos
Consejo de Europa/Tribunal Europeo de Derechos Humanos & Corte Interamericana de Derechos Humanos
Pages: 598 pages
Shipping Weight: 800 gram
ISBN (softcover) : 9789462402812
En los últimos años el Tribunal Europeo y la Corte Interamericana de Derechos Humanos han reforzado sus vínculos de cooperación. Debe reconocerse la importancia de este diálogo judicial, dada la similitud de los derechos y libertades protegidos por los respectivos tratados fundacionales de ambas cortes, así como la existencia en ambos sistemas de criterios de admisibilidad y principios de interpretación parecidos. Además, la creciente convergencia en las temáticas planteadas ante ambas jurisdicciones confiere una nueva y mayor relevancia a sus respectivas jurisprudencias.
Este libro, publicado en inglés y español, contiene una selección de las decisiones más relevantes dictadas por cada corte en 2014. Aparte de la importancia que tienen en sí mismas, algunas de estas decisiones sirven para ilustrar los paralelismos existentes en la manera de interpretar ambos tratados de derechos humanos, áreas en las que los enfoques difieren, y en particular, cómo ambas jurisdicciones toman en consideración de manera creciente el enfoque de la otra en materia de protección de los derechos humanos.
Diana Babuskova (ed.)
Pages: 150 pages
Shipping Weight: 510 gram
ISBN (softcover) : 9789058870704
The European Court of Human Rights is a supra-national or international court established by the European Convention on Human Rights. It hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols. An application can be lodged by an individual, a group of individuals or one or more of the other contracting states, and, besides judgements, the Court can also issue advisory opinions. The Convention was adopted within the context of the Council of Europe, and all of its 47 member states are contracting parties to the Convention. The Court is based in Strasbourg, France. In this book a brief history of the origins and development of the Court is being presented. The appendix contains the most basic documents of the Court and it is one of the first books containing the recently (May 2013) updated Rules of Court.
Pages: 134 pages
Shipping Weight: 450 gram
ISBN (softcover) : 9789462401037
With the emergence of nation states in Europe over the centuries, a parallel Europe of national minorities arose. In the twentieth century, these minorities were thrown into the fire of several violent conflicts and became victims of war crimes and ethnic cleansing. The international community, while generally recognising the need to protect national minorities from such atrocities, has approached this issue in various different ways over the course of twentieth century which, however, failed to prevent new escalation of ethnic tensions. It was the War in Yugoslavia in the early 90s that triggered a new wave of interest in the rights of national minorities. Three distinct, albeit related, systems of protecting rights of national minorities were developed – the UN, the OSCE and the Council of Europe system. This publication contains a collection of crucial legal and political documents related to rights of national minorities that are forming the three systems of contemporary minority protection. It is being presented that the outbreak of new minority protection was motivated not only by humanitarian concerns for the rights of minorities, but also by various policy considerations. Many of the documents scrutinised are being justified in terms of their contribution to stability, peace and democracy in Europe, as well as in terms of the contributions that minorities can make to the enrichment of societies. This reflection about the reasons to protect national minorities is presented with an ambition to serve for further discussions about the future of national minority protection. In the present day, many European countries exclude numerous ‘new minorities’ formed by immigrant populations from their definitions of national minorities. It might be worthwhile to consider the motivations that led to the emergence of minority protection and whether the same motivation is not relevant in the case of these ‘new minorities’.
Pages: 457 pages
Shipping Weight: 650 gram
ISBN (softcover) : 9789058871732
This book presents the most important documents on the subject of national minority rights. As the topic of minority protection is very broad, the book mainly focuses on the legislation regarding protection of national/ethnic minorities. The aim is to display how the international law concerning the issue of national minority protection has developed throughout years within Universal and regional systems and to serve as a useful tool for students and scholars. The book contains the documents or part of the documents concerning national minorities (mostly from the United Nations System and European regional systems - OSCE, Council of Europe and European Union) as these are the systems with the most advanced legislation on the subject of minority rights protection. The regional systems from Africa, the Americas, and Asia are represented by their legislation regarding general human rights, since these regions have not developed systems that explicitly protect minorities yet.
Pages: 760 pages
Shipping Weight: 1000 gram
ISBN (softcover) : 9789462403963
The core objective of the United Nations is to strive towards peace and security in international community. Recent flows of refugees to Europe have led to wonder how the international community could help both people facing abuses of their fundamental rights, and also European countries to which they are immigrating. However, since 1945, the use of force has been prohibited with no mention of interventions for humanitarian purposes. The question remains, when unauthorised humanitarian intervention as a last resort measure can be justified in a world of jus cogens prohibition of the use of force.
In public international law, new rules of customary law emerge through sufficient State practice and opinio juris, therefore it might turn out that humanitarian interventions will be justified under customary international law. Always when concerned with the protection of human rights, specific criteria shall be drawn in order to prevent abuses. The present book is a master thesis, which is going to answer the question of justifiability of the use of force for humanitarian purposes without the United Nations Security Council approval, drawn from Iraq and Kosovo cases, and evolving customary international law.
“If humanitarian intervention is indeed an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica – to gross and systematic violations of human rights that offend every precept of our common humanity?” (Kofi Annan, Millennium Report of Secretary-General of the United Nations, 2000)
China, US, England, Singapore and the Council of Europe
Pages: 360 pages
Shipping Weight: 450 gram
ISBN (softcover) : 9789462403451
The development of information technology provides new opportunities for crimes. Firstly, it facilitates traditional crimes such as fraud, and secondly, it breeds new crimes such as hacking. The traditional crimes facilitated by information technology and the new crimes bred by it are the so-called cybercrime in this book. To regulate cybercrime, legal regimes have developed countermeasures in the field of criminal law at different levels. At the national level, China, the United States, England and Singapore have all undergone reforms to adapt their criminal law. At the international level, the Council of Europe has drafted the Convention on Cybercrime and opened it for signatures. However, the still commonly committed cybercrime, such as DDoS attacks and online fraud, indicates the insufficiency of these countermeasures. In this background, this book intends to answer the research question: how can the criminal law be adapted to regulate cybercrime? By using doctrinal research and comparative study as the main methods, this book firstly explores and analyses the approaches of cybercrime legislations in the selected five legal regimes both in the past and in the present, and secondly, compares the different approaches and concludes with respect to the following aspects:
Aspect 1: Do we need a cyber-specific legislation to regulate cybercrime?
Aspect 2: If we do need a specific legislation, what approaches are more systematic for it?
Aspect 3: What principles are sufficient and appropriate to determine jurisdiction over cybercrime?
Aspect 4: What is the function of the Convention on Cybercrime in shaping appropriate legislation against cybercrime?
TEXTS, CASES AND MATERIALS
G. R. de Groot & O.W. Vonk
Pages: 770 pages
Shipping Weight: 1000 gram
ISBN (softcover) : 9789462403116
While nationality law has traditionally been part of the nation-state’s ‘reserved domain’, recent decades have witnessed a growing body of international standards and guidelines in this area. This book provides the first comprehensive collection of multilateral international treaties, other international documents and case law of international tribunals regarding nationality law. Together these materials reflect the currently existing status of nationality under international law.
In addition, from being a stable field of law, nationality law has been subject to growing instrumentalization and change. International Standards on Nationality Law thus examines topical issues relating to nationality such as discriminatory practices in relation to gender, ethnicity and race, the status of surrogate-born children, diplomatic protection, the revocation of nationality of convicted terrorists, and ‘citizenship-for-sale’ programmes. Extensive bibliographical references have been included throughout, enabling the reader to identify relevant publications for further reading.
Gerard-René de Groot is Professor of Comparative Law and Private International Law at Maastricht University and the University of Aruba (the Netherlands), and co-director of the Maastricht Centre for Citizenship, Migration and Development (MACIMIDE). He is the author of more than 500 publications in the areas of comparative law, nationality law and legal translation, and has acted on numerous occasions as expert-consultant to both national and international bodies dealing with matters of nationality law.
Olivier Willem Vonk holds a PhD from the European University Institute (Italy) and is currently a Marie Curie COFUND Fellow at the University of Liège (Belgium). Previously, he was a Marie Curie Outgoing Fellow at Maastricht University and a visiting researcher at Georgetown University (US). His publications include Dual Nationality in the European Union and Nationality Law in the Western Hemisphere (Martinus Nijhoff Publishers).
The authors are Consortium Members of the EUDO CITIZENSHIP Observatory and have collaborated with different organisations and institutions on issues of nationality law, including the Council of Europe, UNHCR, and the European Parliament.