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There has always been some discomfort about reservations in
relation to international obligations of States applicable to
individuals. This apprehension was once again brought to the
forefront of the international normative process with General
Comment No. 24 of the Human Rights Committee and the work of the
International Law Commission on reservations to treaties.
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.
This volume of the Baltic Yearbook of International Law contains articles based on presentations delivered at the Annual Conference of the European Society of International Law which took place in Riga, Latvia, from 8-10 September 2016. Among the selected authors, the Yearbook is pleased to continue to introduce new authors from the region. The Baltic Yearbook of International Law is the first legal journal in the field of international law published under the auspices of the Baltic Editorial Board that attempts to bring to the international debate the issues that are of importance in the Baltic States and provides a forum for the views of, among others, Baltic international scholars on various topical themes of international law. The first volume appeared in 2001 with the symposium on the question of International Legal Status of the Baltic States. The Yearbook contains State practice reports from Estonia, Latvia and Lithuania and thus serves as an important source of information that is not available elsewhere. On several occasions the Yearbook has offered articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making more accessible a regional discourse to a wider audience in the world.
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