Hasil Pencarian  ::  Simpan CSV :: Kembali

Abstrak :
Although there are many texts on the law of evidence, surprisingly few are devoted specifically to the comparative and international aspects of the subject. The traditional view that the law of evidence belongs within the common law tradition has obscured the reality that a genuinely cosmopolitan law of evidence is being developed in criminal cases across the common law and civil law traditions. By considering the extent to which a coherent body of common evidentiary standards is being developed in both domestic and international jurisprudence, John Jackson and Sarah Summers chart this development with particular reference to the jurisprudence on the right to a fair trial that has emerged from the European Court of Human Rights and to the attempts in the new international criminal tribunals to fashion agreed approaches towards the regulation of evidence.

Abstrak :
Penelitian ini adalah penelitian hukum/normatif. Penelitian ini membahas kasus Pilav v. Bosnia Herzegovina yang diadili di European Court of Human Rights. Dalam tesis ini dibahas kedudukan konstitusi negara sebagai bentuk pelaksanaan kedaulatan negara, yang dilindungi dari intervensi asing oleh hukum internasional. Dibahas pula perkembangan penegakan Hak Asasi Manusia yang berimbas pada pembatasan terhadap jurisdiksi domestik negara untuk menetapkan hukum bagi wilayah dan warga negaranya, termasuk adanya kewenangan pengadilan internasional untuk mengadili konstitusi negara yang bertentangan dengan norma hukum internasional tentang Hak Asasi Manusia. Dalam hal pertentangan antara konstitusi negara dengan aturan hukum internasional tentang Hak Asasi Manusia, digunakan sudut pandang hukum internasional dan hukum nasional. Kedua sudut pandang ini digunakan untuk menganalisis putusan European Court of Human Rights dalam kasus Pilav v. Bosnia Herzegovina. ......The purpose of this thesis is to present a case study of Pilav v. Bosnia Herzegovina before European Court of Human Rights. This thesis uses theoretical arguments and international law instruments to analyse the violation of international norms on human rights by state constitution. This thesis discusses the legal status of state constitution as a part of domaine r serv, which is protected from foreign intervention according to international law. It also discusses the development of international law on human rights, which leads to the limitation on domestic jurisdiction of a state including the emergence of international courts which have the jurisdiction to adjudicate violation of international norms on human rights by state constitution. In the conflict between international norms on human rights and state constitution, there are two perspectives that can be used international law and national law. These two perspectives are used in this thesis to examine ECtHR rsquo s jurisdiction on this case.

Abstrak :
International Human Rights Protection, addressed to judges and lawyers, diplomats and civil servants, researchers and students, is based on the author's personal research and personal involvement with a wide range of subjects, such as the basic concepts of civil and social rights, discrimination and affirmative action, issues of procedure and jurisdiction and issues such as the death penalty and the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level particularly with the case law of the European Court of Human Rights in Strasbourg, and also looks at the national level at the case law of the US Supreme Court and the South African Constitutional Court. This book adopts a particularly critical approach to the so-called dynamic" interpretation of the European Convention on Human Rights by the Court of Strasbourg. It is the author's feeling that judges in particular those belonging to courts specialising in human rights have a tendency to systematically support interpretations benefitting the applicants while overlooking too easily the far-reaching implications of judgments for society as a whole. He prefers a more balanced and more realistic approach taking into account the difficulties democratic governments face in coping with the challenges of our present time and with the pressing needs of the realities of today's world. Marc Bossuyt has not only a vast academic experience as Professor of International Law (at the University of Antwerp), as Visiting Professor in universities in Africa America and Asia and as a researcher in the field of International Human Rights Protection. He also has extensive administrative experience (as Commissioner General for Refugees and Stateless Persons) diplomatic experience (as Member and Chairperson of United Nations Commissions Committees and Conferences on Human Rights) and judicial experience (as a Judge and President of the Belgian Constitutional Court).