The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights 2004. Hardcover with d.j. xvi,239pp. Index. series: Human Rights Law in Perspective. Volume 2.

A.R. Mowbray;Alistair R. Mowbray

ISBN 10: 1841132616 / ISBN 13: 9781841132617

Published by Hart Publishing, 2004

About this Item

Fine state d574e.

Seller Inventory # 74438

Bibliographic Details

• Title: The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights 2004. Hardcover with d.j. xvi,239pp. Index. series: Human Rights Law in Perspective. Volume 2.
• Publisher: Hart Publishing
• Publication Date: 2004
• Language: English
• ISBN 10: 1841132616
• ISBN 13: 9781841132617
• Binding: Hardcover
• Condition: Gebraucht / Used

About this title

Synopsis

During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

About the Authors

Alastair Mowbray is a Professor of Public Law the University of Nottingham.

Colin Harvey is Professor of Human Rights Law, School of Law, Queen's University Belfast, UK.