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Dominik Haider

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court.

Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states’ obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

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Ragnhildur Helgadóttir

Courts of some Nordic countries started reviewing the constitutionality of legislation long before judicial review was established elsewhere in Europe. This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present.
The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades.
The author then shows how the changes that took place in American constitutional jurisprudence in the 1930s and 1940s influenced Nordic constitutional theory and constitutional jurisprudence. These changes received significant attention in Nordic legal circles and the study examines how these changes, as well as the American and Nordic theory that built on them, influenced Nordic jurisprudence.
Finally, it is argued that American influence in this area of law changed after 1965. Direct references to and discussions of American law almost disappeared from Nordic jurisprudence. American constitutional law was, however, an important influence on the case-law of the European Court of Human Rights, which importance increased in this period. The European Convention of Human Rights and the Court’s decisions have in turn immensely influenced Nordic constitutional law.

Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law

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Krešimir Kamber

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

Edited by Anne Peters, Evelyne Lagrange, Stefan Oeter and Christian Tomuschat

The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’.
Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance.

Contains chapters in both English and French.

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Holning Lau

orientation and gender identity are protected as “other status[es]” that fall within the treaty’s purview. 67 Similarly, at the regional level, the European Court of Human Rights and the Inter-American Court of Human Rights have both held that sexual orientation is a protected category under their respective