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Human Rights Law

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Common Law Tort Of Negligence As A Tool For Deconstructing Positive Obligations Under The European Convention On Human Rights, Vladislava Stoyanova Dec 2018

Common Law Tort Of Negligence As A Tool For Deconstructing Positive Obligations Under The European Convention On Human Rights, Vladislava Stoyanova

Vladislava Stoyanova

This article examines how the common law tort of negligence as developed in the United Kingdom can provide a helpful guidance for deconstructing and elucidating some of the disparate analytical issues that are subsumed under the umbrella of positive obligations under the European Convention on Human Rights (ECHR). Both frameworks, the common law and ECHR, aim to delimit the circumstances where responsibility for omissions can be found and have similar conceptual basis of protection in that they protect fundamental interests. However, in the context of the common law certain analytical elements have been more thoroughly considered and more clearly articulated. …

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Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker Jan 2010

Customary International Law In The 21st Century: Old Challenges And New Debates, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article will survey the new scholarship that has emerged in international law to challenge the two traditional sources of customary norms, state practice and opinio juris. With the recent growth, in the international system, of self-contained international criminal tribunals, new challenges facing international law have emerged. Institutionally structured as self-contained legal regimes, international legal tribunals such as the ICTY, ICTR, and now the ICC have nevertheless contributed to a new paradigm within international law. The jurisprudence of these international criminal tribunals, on a wide range of international legal questions, has slowly begun to be elevated into norms of customary …

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