The Concept of Positive State Obligations In the Case Law of the ECHR
The Dogan et al. v. Turkey Case: A Missed Opportunity to Recognise Positive Obligations as Regards the Freedom of Religion
... of positive obligations deriving from Art. 9 ECHR is rather underdeveloped com- pared to the case-law elaborated by the European Court regarding other ...some State ...
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A Positive State Obligation to Counter Dehumanisation under International Human Rights Law
... States’ positive obligations differs between instruments and between ...the ECHR, FCNM, ICCPR and ...of positive obligations that, in combination, have the potential to serve the same ...
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The Withholding Agent's Obligations and the Concept of Open Government
... tax law, is obliged to calculate tax, collect tax from a taxpayer and pay tax to a tax authority within the appropriate time ...agent's obligations, he is a peculiar intermediary between the taxpayer and ...
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The applicability of the ECHR in contested territories
... territorial State, even though it did not have effective control over the Transdniestrian ...a positive obligation to take the diplomatic, economic, judicial or other measures that were both in its power to ...
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NON-STATE ACTORS HUMAN RIGHTS OBLIGATIONS AND RESPONSIBILITY UNDER INTERNATIONAL LAW
... rights’ obligations allows them to perform some interventions 31 ...the case, however, because as we studied in the previous section international actors may have positive and negative capacities ...
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Labour law, the Industrial Constitution and the EU's accession to the ECHR: the constitutional nature of the market and the limits of rights-based approaches to labour law
... EU law in this chapter, by highlighting this third model of constitution, we can understand the place of labour law within the EU, and also the inherent limitations to the accession in terms of its impact ...
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Deterrence Concept in Criminology and Law, The
... Ellingston states that, "The belief that punishment protects society from crime by deterring would-be law breakers will not stand up before our new understanding of human behavior." 4 Wh[r] ...
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Conflict Rules on Contractual Obligations in Romanian Private International Law
... the law has been chosen, the choice made by the parties does not bring any harm to the enforcement of the stipulations of the law from that country, hence it cannot be waived through ...
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Obligations of love : international political thought & the tradition of natural law
... responsibility in the face of gross human suffering. As Bhiku Parekh points out, dignity is a comparative concept constructed to achieve a particular human end, and therefore is fallible. “Human beings do not have ...
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Mandatory obligations under the international counter-terrorism and organised crime conventions to facilitate state cooperation in law enforcement
... domestic law parallels, without establishing an international duty to implement their exact definitions, it would have been difficult for the parties to satisfy the double criminality condition in extradition and ...
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Same Sex Unions and the ECHR
... A growing number of States agree to such a provision: since 1989, 23 out of 47 member States of the Council of Europe have adopted a legal framework for civil union open to same- sex couples: Denmark (1989), Norway ...
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Concept of Law in modern society
... and state laws, although they were based on the legal norms of Roman law (lex homines recte facere yubet, vtat delinguere - the law prescribes people to do the right thing and prohibits misconduct) ...
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The Removal of Offshore Installations and Conflicting Treaty Obligations As a Result of the Emergence of the New Law of the Sea: A Case Study
... Treaty Obligations As a Result of the Emergence of the New Law of the Obligations As a Result of the Emergence of the New Law of the Sea: A Case Study ...
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The concept of possession in the common law
... The House of Lords, on the facts, had no doubt that L had, for however,short a time, established exclusive possession: " ••• he had when no one was present to oppose him effected an actu[r] ...
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From Negative to Positive Integration. European State Aid Control through Soft and Hard Law
... distortive state aid, but also partially creating positive integration “from ...national state aid policy and its supranational ...on state aid against possible exceptions, the Commission has ...
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Positive Mental Health: A Concept Mapping Exploration
... Cluster 4: Culturally Competent/Accept Others. Cluster 4 contained items relating to cultural competence, or the concept of accepting others. CRC members interpreted the content of the cluster as having a focus on ...
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Enforcement of international law obligations concerning private military security corporations
... hard law obligations, in treaty and custom, as well as soft law codes of practice as they relate to ...the obligations of contracting, territorial, and home ...‘soft law’ ...
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The Rule of Law in Nauru: an evolving concept?
... I understand that the Chief Justice would have felt constrained in what he could say about those events. It is quite likely that he and his colleagues will be called upon to make judgments about the legality and ...
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Human Rights Obligations of Territorial Non-State Actors
... of obligations to NSAs was made by Israel before the Committee on Eco- nomic, Social and Cultural Rights. 9 3 In that statement, Israel said that "[t]he fact t[r] ...
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Bringing It Home: The Inter American System and State Obligations
... this case a section is dedicated to the exami- nation of Peru’s family planning program in the 1990s, as a means of eugenics-influenced population ...and state relationships, it is in fact a crucial ...
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