Kirchner Stefan (225 results)

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Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: The European Convention on Human Rights (ECHR) covers 47 states with very different legal cultures and political histories. Written from the perspective of the situation in Malta, this short essay looks at the question of the limits to the negative dimension of Article 12 ECHR. This can lead to surprising results, which become less surprising if the historical background of the drafting of the ECHR is taken into account. The text also shows a way to avoid some of the consequences of the narrow approach employed by the drafters - without abandoning the fundamental ideas behind the Convention.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Essay from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: In developed countries, indigenous peoples are often portrayed as (noble) savages or as remnants from an other age. However, they are neither. While being different from the majority population, and all too often having been (and often continuing to be) oppressed, in recent years a change has become visible in the attitude towards indigenous peoples. Indigenous peoples are first of all that, peoples - with their own cultures and histories. It is because of their particular lifestyle and relationship with an other culture, that they are seen as different. However, more and more indigenous peoples are taken more seriously in their own right.In this essay the research of indigenous legal norms by outsiders is investigated from the perspective of indigenous rights. Based on a premise of respect for indigenous norms, issues such as benefit sharing and access to research results are discussed, as well as research ethics.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: -, , language: English, abstract: Domestic violence against women remains a major problem which often is off the radar screen of public authorities as dismissive attitudes towards women persist among those working for local security forces (which often are male-dominated) and - for a wide range of reasons, including in particular fear of further violence against the victim or children - many cases are not reported. The risk of underreporting makes it necessary for authorities to be particularly vigilant and sensitive to situations which are threatening for women.In this research article it will be shown that the European Convention on Human Rights can provide an effective legal tool to ensure that the authorities take this positive human rights obligation seriously.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, , course: Rechtswissenschaft (Völkerrecht), language: English, abstract: Is the right to fair trial applicable to immigration law cases In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also - and even more importantly - domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients. This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2014 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: In a society which practically values commercial productivity above almost all else, the right to life and human dignity of the weak, sick and infirm is increasingly at risk. This leads to an increasing debate of the concept of human dignity. Deeply rooted in philosophical, moral and religious ideas, human dignity is a concept which can be difficult to access for lawyers. At the same time it has been given pride of place in a number of legal systems, including in Article 1 of the German Constitution, the basic law. It also provides the fundament of international human rights treaties such as the European Convention on Human Rights. In this essay, some of the ideas behind human dignity as a concept are explained against the backdrop of both modern biolaw and international human rights.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: Asymmetric warfare has been a hallmark of many armed conflicts of the 21st century. Written from the perspective of international law, this article asks whether the deliberate use of widespread and systematic violations of the laws of war as a strategy and / or tactic of war by some (state and non-state) actors places the ability of International Humanitarian Law (IHL) to protect civilians in wartime at risk.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2011 in the subject Law - Philosophy, History and Sociology of Law, , language: English, abstract: Biolaw is a new legal discipline. Still closely related to the fundamentals on which law is built, such as philosophy, biolaw has evolved into a truly legal discipline. At the same time has it been recognized that biolaw has multiple sources and the recent emergence of the discipline makes these sources still relatively visible. This visibility might limit the acceptance of biolaw and in this article it will be attempted to pay attention to some of the issues which follow from the fact that biolaw is based on multiple sources. Particular attention will be given to one aspect which might be most controversial from a political perspective: the continued role of religion - and in particular Christian religion - in shaping thinking about biolaw also in secular societies.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This short essay introduces the reader to the aspects of the United Nations Convention on the Law of the Sea, often simply referred to as the Law of the Sea Convention (LOSC) which are often overlooked but which play a crucial role already today and which are bound to become more important in the future. Marine scientific research is no longer merely of academic interest. Oil, gas, fish and in the near future also natural resources at the sea bed are important economic factors. In particular in the Arctic Ocean, which is becoming more accessible due to climate change and the fast decline of the sea ice cover, competing claims to the sea provide new challenges. These conflicts include the territorial dispute between Denmark (which despite Greenland's increased autonomy retains control over the island's foreign affairs) and Canada over Hans Island, At the time the 1982 Convention was drafted, the idea that commercial mining of the Deep Sea Bed was just around the corner. While the technological development immediately after the adoption of the Law of the Sea Convention took longer than had been thought initially, advances in recent years have made deep sea mining a more realistic possibility. Indeed, several claims have been staked around the world. A distinction has to be made between claims to the Continental Shelf (which is not to be confused with the Deep Sea Bed) as an extension of the sovereignty of the state over the land on one hand and usage rights in parts of the Deep Sea Bed on the other.…