Essays on Human Rights in the Helsinki Process

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Arie Bloed, Pieter van Dijk
Martinus Nijhoff Publishers - 266 pagini
The reason of State plays an important role under the European Convention for the Protection of Human Rights & Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention 'in time of war or other public emergency, threatening the life of the nation'; most of the rights & liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the 'system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more 'reasoned' conception of the reason of State. Has a 'Europe of human rights' begun to develop through the complex interplay of national & European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Universite de Paris 1 (Pantheon -- Sorbonne) & Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.

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Cuprins

by Harm J Hazewinkel
9
Human Rights and NonIntervention
57
Trade Union Freedom in Socialist States and the Madrid Meeting
79
The Right to Work in East and West
103
Helsinki Madrid and the Working Conditions for Western Jour
127
Jamming of Foreign Radio Broadcasts
163
The Boycott of the 1980 Moscow Olympic Games and Détente
181
ANNEXES
203
B Proposals submitted at the Madrid Meeting in the Human
231
of 17 December 1980
261
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