Thoughts on Article 15 of the European Convention on Human Rights /
Peter Kempees.
imprint
Oisterwijk, The Netherlands : Wolf Legal Publishers, [2017]
description
98 pages ; 24 cm
ISBN
9462403708, 9789462403703
format(s)
Book
Holdings
More Details
imprint
Oisterwijk, The Netherlands : Wolf Legal Publishers, [2017]
isbn
9462403708
9789462403703
contents note
The basics -- War -- Derogation in response to an "emergency threatening the life of the nation" in practice -- Non-derogable rights -- Strictly required by the exigencies of the situation -- Not inconsistent with the state's other obligations under international law -- Formalities -- The Hassan judgment -- Defining one's margin of appreciation for oneself : the French example -- Conclusion.
abstract
"Article 15 of the European Convention on Human Rights allows states, in time of 'war or other public emergency threatening the life of the nation' to take measures derogating from their obligations to protect human rights. This brief monograph by a member of the Registry of the European Court of Human Rights offers a personal view on the possibilities of derogation in practice. Its aim is to inform discussion on the relevance today of Article 15 as part of the Convention system. Its main focus is on armed conflict both international and non-international and on terrorism. It makes proposals to breathe new life into Article 15"--Back cover.
catalogue key
11264527
 
Includes bibliographical references.

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