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Upholding the Prohibition of Torture
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This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the...
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24 May 2023

This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, exploring some still contentious issues, and stressing the several achievements as well as some still questionable outcomes. The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume significant portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.
Price: $239.00
Pages: 418
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Human Rights Law in Practice
Publication Date:
24 May 2023
ISBN: 9789004468696
Format: Hardcover
"This novel methodological approach of studying different legal argumentations before an international court in contentious cases is not only beneficial on scholarly grounds where the normative change of contested international – human rights – norms can be traced back to a tension between different – often opposing – positions. On pedagogical grounds, any reader must be able to build its own interpretation from the original sources themselves; be it the facts of a case, the legal arguments against or in favour of the interpretation, application or development of international norms and the actual ruling of a court. This work gives the reader this indispensable space to decide how to interpret the jurisprudence of the European Court of Human Rights her/himself rather than filling in the knowledge gaps on behalf the authors. Nonetheless, the authors gently guide the reader through the normative change on the prohibition of torture as cautiously identified in their supporting scholarly analyses of the actual practice. The resulting empowerment from reading this work not only liberates the reader from the abundance of interpretations on the Court’s jurisprudence but gives her/him the necessary confidence to co-create new knowledge on the practice of international human rights law. A noble and necessary ambition for this new book series to pursue – and certainly achieved with the publication of this first volume."
Matthias Vanhullebusch, Professor of Alternative Dispute Resolution at the Faculty of Law, Hasselt University
Matthias Vanhullebusch, Professor of Alternative Dispute Resolution at the Faculty of Law, Hasselt University
Dr. Andrea Carcano is Associate Professor of International Law with the Department of Law of the University of Modena and Reggio-Emilia, Italy. Previously, he was a legal officer with the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia.
Professor Tullio Scovazzi, now retired, was Professor of International Law at the Universities of Parma, Genoa, Milan and Milan-Bicocca, Italy. He is an associate member of the Institut de Droit International.
Professor Tullio Scovazzi, now retired, was Professor of International Law at the Universities of Parma, Genoa, Milan and Milan-Bicocca, Italy. He is an associate member of the Institut de Droit International.