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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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European Human Rights Grey Zones: The Council of Europe and Areas of Conflict


ISBN13: 9781009473279
Published: April 2024
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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Forde examines the effectiveness of the Council of Europe's (CoE) human rights system in conflict-affected regions, and advances a novel approach to understanding how the European Convention on Human Rights can be better serve the 10+ million rights-holders living in so-called human rights 'grey zones.' Building on the premise that nowhere in Europe should be deprived of access to Europe's human rights architecture, Forde argues that areas of conflict give rise to a collective public order imperative on Member States to seek maximal effectiveness of the CoE human rights system. For example, despite Kosovo's sui generis status, much of the CoE's experience of engagement with Kosovo could inspire more proactive efforts in relation to other areas of conflict. This book advocates a judicious engagement of the CoE's unique assets and acquis in affected regions based on the collective responsibility of member states and the normative will of the Secretary General.

Subjects:
Human Rights and Civil Liberties, EU Law
Contents:
1. Introduction
2. Understanding the Council of Europe System and Territorial 'Grey Zones'
3. Collective Responsibility for European Public Order
4. Jurisdiction and the Applicability of the European Convention on Human Rights
5. Council of Europe and Kosovo–A Model of Functional Engagement?
6. Towards a judicious rapprochement
7. Conclusion
Bibliography
Index