CHECK THESE SAMPLES OF The Concept of Jurisdiction in Article 1 of the European Convention on Human Rights
This paper ''European Convention on Human Rights'' tells us that article 6 of the european convention on human rights states that 'everyone is entitled to a fair within a reasonable time by an independent tribunal established by law.... human rights is for them to apply to all people regardless of race, nationality etc.... However, the legal precedent regarding the applicability of human rights to aliens and immigrants in deportation hearings largely excludes Article 6 from applicability based on the rulings that these are administrative hearings and not criminal trials or charges....
9 Pages
(2250 words)
Essay
This essay "Exceptions to the Jurisdiction Clauses" focuses on Article I of the european convention on human rights demands that Member Nations offer security to every individual within their territory or jurisdiction, and the freedom and rights contained in Section 1 of the Convention.... So as to corroborate whether such a scenario is existing, the Court will be looking into not only the objective facts but also the State's demeanor as the State has the positive duty to initiate apt steps to make sure that there exists respect for human rights within its whole of its region....
8 Pages
(2000 words)
Essay
Article 53 of the Vienna Convention on the Law of Treaties, enabled State Parties to implement the concept of jus cogens in positive international law; initiating the utilisation of this notion.... In addition, these rules protect civil liberties and human rights that are central to the individuality of the international legal system.... In addition, a convention should be framed that implements the peremptory norms in a consistent manner.... Jus cogens tends to be a concept that is paradoxical and greatly disputed....
25 Pages
(6250 words)
Dissertation
n the other side of the legal spectrum, the implementation of the Human Rights Act in 1998 (HRA) enshrines the fundamental rights and freedoms of the european convention on human rights into UK law.... This further highlighted by the dichotomy in protection afforded by the european convention on human rights (ECHR) 1950 and the Convention on the Status of Refugees 1951... However, it is precisely this paradox within the law that enables the changing Governmental policy from circumventing both entrenched immigration and asylum rules and human rights protection on grounds of “national security”2....
19 Pages
(4750 words)
Essay
It is clear from Section 3 of Rights Act 1998, that the european convention on human rights (ECHR) has, in one sense, a lower status than ordinary statutes in that it cannot automatically override pre-existing laws.
... is enunciated that “primary legislation and subordinate” 1 legislation need to be learned, understood and contextualised in accordance with the european convention laws.
... nder Section 3, sub-section 1 of the Human Rights Act 1998,....
17 Pages
(4250 words)
Essay
The draft article offered by ILC expressed that ' on high seas or in any other place (for example, hijacking a plane) which falls outside the jurisdiction of any State, in such scenarios, every State has the jurisdiction to seize the attacked ship ' and this was codified in the Geneva Conventions on the High Seas(1958).... The Harvard research study carried on in 1935, which is the first private study on piracy offered a definition of piracy as an offense under international law and also offered the definition of universal jurisdiction over the piracy offense....
10 Pages
(2500 words)
Essay
The paper "Convention against Torture in 1984" highlights that the first major effect of 'Jus Cogens' is that it disables the state (de jure imperii and de jur gestionis) from getting into contractual relations that can be detrimental to the human rights that are considered 'jus cogens'.... This definition appears in the Torture Convention, article 1, paragraph 1.... The CAT 1984 requires that signatories take appropriate measures aimed at ensuring that they end torture within the jurisdiction in their territories and to term all cases of torture as criminal cases....
10 Pages
(2500 words)
Essay
The author concludes that the needs for a harmonized approach to applicable law and issue of jurisdiction in the field of matrimonial matters are an area of vital interest for the EU countries.... The family is the cornerstone of society and is an essential factor in the existence of a peaceful society ....
16 Pages
(4000 words)
Essay