Stefan Kirchner (221 results)

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Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2011 in the subject Law - European and International Law, Intellectual Properties, , course: Rechtswissenschaft (Völkerrecht), language: English, abstract: Is the right to fair trial applicable to immigration law cases In this essay, we will see that the situation in Germany, the Netherlands, Belgium, the United Kingdom and Turkey differs significantly from the situation in the other states which are parties to the European Convention on Human Rights (ECHR). It is the aim of this text to provide lawyers in those countries with a short guidance as to how to approach both the European Court of Human Rights but also - and even more importantly - domestic courts with regard to this issue. In particular the high caseload of immigation law courts as well as a lack of knowledge about the Convention make it necessary for practising lawyers to be informed about the rights of their clients. This article is designed as a practical guide and first reference paper for lawyers to assess the prospect of cases dealing with rights of migrants. The first part of this article will deal with ratione loci of the ECHR and its fundamental jurisprudence focusing on the special issues appearing in the context of migration law. In the second part the right to a fair trial under Art. 6 ECHR will be addressed including recent rulings of the Court and fundamental questions regarding the administrative procedure of granting asylum. The final part will be dealing with the rights of asylum seekers in countries which did not ratify Protocol 7 and the consequences this fact entails.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: Asymmetric warfare has been a hallmark of many armed conflicts of the 21st century. Written from the perspective of international law, this article asks whether the deliberate use of widespread and systematic violations of the laws of war as a strategy and / or tactic of war by some (state and non-state) actors places the ability of International Humanitarian Law (IHL) to protect civilians in wartime at risk.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: The European Convention on Human Rights (ECHR) covers 47 states with very different legal cultures and political histories. Written from the perspective of the situation in Malta, this short essay looks at the question of the limits to the negative dimension of Article 12 ECHR. This can lead to surprising results, which become less surprising if the historical background of the drafting of the ECHR is taken into account. The text also shows a way to avoid some of the consequences of the narrow approach employed by the drafters - without abandoning the fundamental ideas behind the Convention.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Seminar paper from the year 2015 in the subject Law - Miscellaneous, , language: English, abstract: Reindeer herding provides an important source of livelihood in many parts of the Arctic. In Northern Europe, reindeer herders are still battling the consequences of nuclear fallout suffered in the wake of the 1986 Chernobyl incident. In 2014 in parts of Norway a rapid increase in radioactivity was reported in reindeer meat as a result of the consumption of specific mushrooms which store large amounts of cesium-137. In this article the question will be asked if reindeer herders can have a claim for compensation under the European Convention on Human Rights.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Essay from the year 2011 in the subject Law - Philosophy, History and Sociology of Law, , language: English, abstract: Biolaw is a new legal discipline. Still closely related to the fundamentals on which law is built, such as philosophy, biolaw has evolved into a truly legal discipline. At the same time has it been recognized that biolaw has multiple sources and the recent emergence of the discipline makes these sources still relatively visible. This visibility might limit the acceptance of biolaw and in this article it will be attempted to pay attention to some of the issues which follow from the fact that biolaw is based on multiple sources. Particular attention will be given to one aspect which might be most controversial from a political perspective: the continued role of religion - and in particular Christian religion - in shaping thinking about biolaw also in secular societies.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: Religious organizations which operate hospitals, kindergartens and other institutions are important employers. This is particularly the case in Germany, where institutions related to Christian groups, including the united evangelical regional churches and the Catholic church are the second most important employer after the public sector. At the same time is there a sense of increased secularization. This can lead to situations in which employees, while willingly employed by a religiously motivated organization, openly defy key rules of this religious group, e. g. when it comes to issues such as divorce or homosexuality. In the last years, a number of cases have made it through the court system in Germany and eventually to the European Court of Human Rights. By looking at some of these cases and the wider case law of that Court, this article is aimed at providing the reader with an overview over the topic but also with an answer to the question how the European Convention on Human Rights, which allows for a wide range of legal models concerning the relationship between the state and organized religions.…

Taschenbuch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - Scientific Study from the year 2015 in the subject Law - European and International Law, Intellectual Properties, , language: English, abstract: This article examines the legality of tactical nuclear weapons under International Humanitarian Law. Additionally, the ideas behind the development of tactical nuclear weapons as well as their historical background during the Cold War and after 9/11 are examined. Tactical (or 'small') nuclear weapons have been developed during the Cold War and had been deployed e.g. to West Germany for possible use on the battlefield in the event of a Soviet invasion of Western Europe. After the end of the Cold War, the dangerous idea that nuclear weapons could be used on the battlefield without triggering a global thermonuclear conflict has remained relevant. It has been discussed e.g. in the context of the threat posed by the Iranian nuclear weapons program as one possible way to destroy hardened or underground targets. In this paper the issue of tactical nuclear weapons is approached from the perspective of International Humanitarian Law, the set of rules which govern the conduct of armed forces in conflict.…