Human Rights and Fundamental Rights and their Impact on the Civil Law System Summer School with Moot Court 2013 |
01.08.13 |
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Monday, 22.07.2013 - Tuesday, 30.07.2013, Hanoi (Hanoi Law University, 87 Nguyễn Chí Thanh Street, Conference room, Building B) and Ha Long City (Grand Halong Hotel, Đường Hạ Long, Bãi Cháy) |
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Human rights and fundamental rights (constitutional rights) are often conceived as a political topic - as an abstract, philosophical idea, which has its role in the political discourse and addresses primarily to governments and lawmakers. But they are more than that because in a state based on the rule of law, they are directly legally binding all public authorities. Once an international human rights treaty has been ratified or a constitutional clause on fundamental rights is in force, every person involved in the exercise of public power in any public institution of the state (including the courts) must perform his function in a way which complies with these rights. Often he will have to do so without the guidance of special legislation on the issue. This requires a sound knowledge of human rights and fundamental rights and of the legal methods to ensure their respect and protection in the ordinary application and enforcement of law. In a state based on the rule of law and committed to human rights, every lawyer needs this knowledge.
The Summer School will contribute to this knowledge by introducing to the sources of international human rights law and to the international institutions and mechanisms for the protection of human rights, by discussing important general aspects of the international human rights law and fundamental rights doctrine and by presenting a selection of individual human and fundamental rights. The Summer School will close with the preparation and conduct of a Moot Court illustrating the direct impact of human and fundamental rights on the civil law system and the work of the civil judge.
The Summer School is organised by the German Law Centre at Hanoi Law University (Prof. Dr. Thomas Schmitz) and the Hochschule für Technik und Wirtschaft Berlin (Prof. Dr. Michael Jaensch). It is supported by the German Academic Exchange Service (DAAD) and the Friedrich-Ebert-Stiftung. There will be participants from both universities. At some days we are looking forward to welcome guests from the Asian Law Students Association (ALSA). - The Organisers thank Mr. Trấn Ngọc Đinh (Hanoi Law University), Mr. Benjamin Guégau (Ambassade de France au Vietnam - Pôle Justice-Droit-Gouvernance) and Dr. Irene Kesper (Hanoi) for their collaboration.
Program (summary/details)
Monday, 22.07.2013: Hanoi
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Arrival of the German participants in Hanoi |
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Introductory lecture for the German participants on the political and economical situation in Vietnam (Friedrich-Ebert-Stiftung, Vietnam Office) |
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Political sightseeing tour for the German participants in Hanoi (with Dr. Lan Anh, Friedrich-Ebert-Stiftung) |
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Welcome dinner |
Tuesday, 23.07.2013: Hanoi
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Visit of Hanoi Law University and presentation of the German Law Centre |
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Introduction into the legal system and legal education in Vietnam and Germany (students of Hanoi Law University and ALSA / of HTW) |
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Transfer to Ha Long City |
Wednesday, 24.07.2013: General courses
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Sources of Law (Prof. Dr. Thomas SchmitzI |
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Institutions (Prof. Dr. Michael Jaensch) |
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Human Rights and Fundamental Rights (Prof. Dr.Thomas Schmitz) |
Thursday, 25.07.2013: General courses / individual presentations in the presence of guests from the Asian Law Students Assosciation (ALSA)
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Human Rights and Fundamental Rights - continuation (Prof. Dr. Thomas Schmitz) |
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Individual presentations by students with following discussions |
Friday, 26.07.2013: Seminary together with ALSA / individual presentations
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Individual presentations by ALSA students on the concept of human rights in their respective home countries with following discussions |
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Individual presentations by students with following discussions |
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Constitutional Rights in the Constitution of the Socialist Republic of Vietnam of 1992 and the Draft Amendment of 2013 (Trấn Ngọc Đinh) |
Saturday, 27.07.2013: Preparation of the Moot Court
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Introductory lecture: The Radiation of Fundamental Rights into the Civil Law System (Prof. Dr. Michael Jaensch) |
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Introductory lecture: The Radiation of Human Rights into the Civil Law System (Prof. Dr. Thomas Schmitz) |
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Introductory lecture: The Caroline Judgements (Prof. Dr. Michael Jaensch) |
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Preparation of the Moot Court in separate groups representing the claimant's and the respondent's side (coached by Prof. Dr. Michael Jaensch, Prof. Dr. Thomas Schmitz, Benjamin Guégau, Chargé de mission juridique, Ambassade de France au Vietnam, and Dr. Irene Kesper, Hanoi) |
Sunday, 28.07.2013: Preparation and Conduct of the Moot Court
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Preparation of the Moot Court in separate groups (continuation) |
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Conduct of the Moot Court under the direction of Prof. Dr. Michael Jaensch (with collaboration of Prof. Dr. Thomas Schmitz, Benjamin Guégau, Dr. Irene Kesper) |
Monday, 29.07.2013: Final event
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Conclusion of the Summer School with summary, final discussion and résumé |
Tuesday, 30.07.2013: Return to Hanoi
Downloads (PDF files)
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Program (details) |
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Bibliography (selection) (see now updated version 2014) |
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Terminology and abbreviations (see now updated version 2014) |
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Sources of Law for the Protection of Human Rights (diagram) (see now updated version 2014) |
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Institutions (presentation) (see now updated version 2014) |
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Human and Fundamental Rights (materials) (see now updated version 2014) |
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Radiation of Fundamental Rights into Civil Law (presentation) (see now updated version 2014) |
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Radiation of Human Rights into Civil Law (materials) (see now updated version 2014) |
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The Caroline Judgements (presentation) |
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[A. Textbooks] [B. Commentaries] [C. Special topics] [D. Law reports, casebooks] [E. Compendiums of laws] [F. Journals] [G. Note on the reliability of h.r. law literature]
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Alston, Philip; Goodman, Ryan: International Human Rights, 2012 |
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Benedek, Wolfgang (editor): Understanding Human Rights, 2nd edition 2012 |
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Buergenthal, Thomas; Shelton, Dinah; Stewart, David: International Human Rights in a Nutshell, 4th edition 2009 |
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Buergenthal, Thomas; Thürer, Daniel: Menschenrechte. Ideale, Instrumente, Institutionen, 2010 |
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Grabenwarter, Christoph; Pabel, Katharina: Europäische Menschenrechtskonvention, 6th edition 2012 |
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Kälin, Walter; Künzli, Jörg: The Law of International Human Rights Protection, 2010 |
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Kälin, Walter; Künzli, Jörg: Universeller Menschenrechtsschutz, 2nd edition 2008 |
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Moeckli, Daniel; Shah, Sangeeta; Sivakumaran, Sandesh (editors): International Human Rights Law, 2010 |
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Rehman, Javaid: International Human Rights Law, 2009 |
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Schilling, Theodor: Internationaler Menschenrechtsschutz, 2nd edition 2010 |
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Schutter, Olivier de: International Human Rights Law. Cases, Materials, Commentary, 2010 |
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Smith, Rhona K. M.: extbook on International Human Rights, 5th edition 2012 |
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Weissbrodt, David; Vega, Connie de la: International Human Rights Law. An Introduction, 2010 |
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White, Robin C.A.; Ovey, Clare: The European Convention on Human Rights, 5th edition 2010 |
See also the chapters on international human rights law in the general textbooks on international public law. Concerning fundamental rights, see in particular the textbooks on national and comparative constitutional law.
B. Commentaries (article-by-article presentation)
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Alen, A.; Vande Lanotte, J. and others (editors): A Commentary on the United Nations Convention on the Rights of the Child, 2006 ff. [the commentaries on the individual articles of the Convention are published in separate volumes] |
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Alfredsson, Gudmundur; Eide, Asbjorn (editors): The Universal Declaration of Human Rights. A Common Standard of Achievement, 1999 |
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Joseph, Sarah; Castan, Melissa: The International Covenant on Civil and Political Rights. Cases, Materials and Commentary, 3rd edition 2013 [coming soon] |
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Bair, Johann: The International Covenant on Civil and Political Rights and its (First) Optional Protocol. A Short Commentary Based on Views, General Comments and Concluding Observations by the Human Rights Committee, 2005 |
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Freeman, Marsha A.; Chinkin, Christine; Rudolf, Beate (editors): The UN Convention on the Elimination of All Forms of Discrimination Against Women. A Commentary, 2012 |
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Grabenwarter, Christoph: European Convention for the Protection of Human Rights and Fundamental Freedoms. Commentary, 2013 [coming soon] |
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Nowak, Manfred: CCPR Commentary. U.N. Covenant on Civil and Political Rights, 2nd edition 2005 |
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Nowak, Manfred; McArthur, Elizabeth: The United Nations Convention against Torture. A Commentary, 2008 |
Simma, Bruno; Khan, Daniel-Erasmus; Nolte, Georg; Paulus, Andreas (editors): The Charter of the United Nations. A Commentary, 3rd edition 2013
C. Publications on selected special topics
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Beater, Axel; Habermeier, Stefan (editors): Verletzungen von Persönlichkeitsrechten durch die Medien - Invasions of Personality Rights by the Media, 2005 |
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Busch, Christoph; Schulte-Nölke, Hans (editors): Fundamental Rights and Private Law. A Practical Tool for Judges, 2011 |
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Colombi Ciacchi, Aurelia; Comandé, Giovanni; Brüggemeier, Gert: Fundamental Rights and Private Law in the European Union, volume 1: A Comparative Overview, 2010; volume 2: Comparative Analyses of Selected Case Patterns, 2010 |
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Fedtke, Jörg; Dawn Oliver (editors): Human Rights and the Private Sphere. A Comparative Study, 2007 |
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Ferreira, Nuno: Fundamental Rights and Private Law in Europe. The case of tort law and children, 2011 |
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Freedman, Rosa: The United Nations Human Rights Council. A critique and early assessment, 2013 |
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Grossmann, Claudio; Martin, Claudia; Rodriguez Pinzon, Diego: Advocating for human rights: 10 years of the Inter-American Moot Court Competition, 2008 |
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Lytvynyuk, Anna: Fundamental Rights Operation in Private Law. A Comparative Study of Legal Solutions, 2010 |
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Peerenboom, Randall; Petersen, Carol J.;Chen, Albert H.Y. (editors): Human Rights in Asia. A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA, 2006 |
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Shelton, Dinah: Remedies in International Human Rights Law, 2nd edition 2006 |
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Ssenyonjo, Manisuli: Economic, Social and Cultural Rights in International Law, 2009 |
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Tiefenbrun, Susan W.: Women's International and Comparative Human Rights, 2012 |
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Weizer, Paul: How to please the court, 2005 |
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Website of the European Court of Human Rights (ECHR) (decisions in English and French) |
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Website of the Inter-American Court of Human Rights (IACHR) (decisions in Spanish and English) |
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Website of the African Court on Human and Peoples' Rights (ACHPR) (decisions in English, French, Portuguese and Arabian) |
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Website of the International Criminal Court (ICC) (decisions in English and French) |
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Conte, Alex; Burchill, Richard: Defining Civil and Political Rights. The Jurisprudence of the United Nations Human Rights Committee, 2nd edition 2009 (note, however, that the Human Rights Committee is not a court and therefore its views do not represent jurisprudence) |
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Deller Ross, Susan: Women's Human Rights. The International and Comparative Law Casebook, 2009 |
E. Compendiums of laws (easy access to international treaties)
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Ghandhi, Sandy (editor): Blackstone's International Human Rights Documents, 8th edition 2012 |
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Office of the UNHCHR (editor): Core International Instruments, (human rights treaties); see also Universal Human Rights Instruments (treaties and soft law) |
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Schutter, Olivier de; Tulkens, Françoise; Drooghenbroeck, Sébastien van (editors): Code de droit international des droits de l'homme, 4th edition 2012 |
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Simma, Bruno (editor): Menschenrechte. Ihr internationaler Schutz, 6th edition 2010 (part of the series "Beck-Texte im dtv") |
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University of Minnesota (editor): Human Rights Library. Human Rights Treaties and Other Instruments |
F. Journals in the field of human rights law
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APJHRL: Asia-Pacific Journal on Human Rights and the Law, since 2000 |
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EHRLR: European Human Rights Law Review, since 1979 |
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EuGRZ: Europäische Grundrechte-Zeitschrift, since 1974 |
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HRLJ: Human Rights Law Journal, since 1980 |
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HRLR: Human Rights Law Review, since 2001 |
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HRQ: Human Rights Quarterly, since 1979 |
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HRR: Human Rights Review, since 1999 |
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IHRLR: International Human Rights Law Review, since 2012 |
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MRM: MenschenRechtsMagazin, since 1996 |
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RTDH: Revue trimestrielle des droits de l'homme, since 1990 |
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RUDH: Revue universelle des droits des l'homme, since 1989 |
Contributions on international human rights law can also be found in the journals on public international law. Contributions on fundamental rights can be found in the journals on national and comparative constitutional or public law.
G. Note on the reliability of legal literature in the field of international human rights law
Keep your critical distance when dealing with legal literature on international human rights law. Some authors tend to confound law and legal politics. Some may even present their own wishful thinking as prevailing law. This applies in particular to publications in German language. Furthermore, not all authors distinguish adequately between the international human rights treaties (which represent an important part of public international law) and the so-called "soft law" (political resolutions of international organisations or summits, which are not a source of law and therefore not binding the states directly). Fore example, caution should be exercised if the Universal Declaration of Human Rights of 1948 (a resolution of the UN General Assembly) is presented as directly binding law or if typical Western concepts of human rights are presented in details as legally binding. In human rights law as in other fields of law, successful, sustainable work depends decisively on a methodologically sound approach.
A. International human rights treaties
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Compendiums of global human rights treaties: Core human rights instruments (UNHCHR) and other universal human rights instruments (UNHCHR), Human Rights Library (University of Minnesota; with overview on human rights treaties ratified by Vietnam), Menschenrechtsabkommen (Deutsches Institut für Menschenrechte; German translations) |
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Geo-regional human rights treaties: Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) of 1950 and 15 protocols (also in German), other European human rights treaties; American Convention on Human Rights of 1969; African Charter on Human and Peoples' Rights (Banjul Charter) of 1981; Arab Charter on Human Rights of 2004; see also the Charter of Fundamental Rights of the European Union of 2007 (in 24 official languages), which is part of EU primary law; not a source of law but potentially politically important: ASEAN Human Rights Declaration of 2012 |
B. International human rights institutions
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Human rights courts: European Court of Human Rights (ECHR), Inter-American Court of Human Rights (IACHR), African Court on Human and Peoples' Rights; see also the website of the International Criminal Court (ICC) |
C. Other links concerning the subject of the Summer School
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Expert websites on international human rights law: Humman Rights Library (Univ. of Minnesota), with comprehensive links to other human rights resources, Office of the UNHCHR (with detailed information), Cơ sở dữ liệu trực tuyến về quyền con người / Human Rights Database for Vietnamese (Hanoi National University School of Law, with many teaching materials) |
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Scientific institutes for human rights and human rights law: Centre for Legal Research on Human and Citizen Rights of HCMC Law University (HCRC) (with materials on international and Vietnamese human/fundamental rights law), Danish Institute for Human Rights (Copenhagen, supports HRE in Vietnam; see the "Quick Guide"), German Institute for Human Rights/Deutsches Institut für Menschenrechte (Berlin; comprehensive information in German), Asia-Pacific Human Rights Information Centre (Osaka); Institute for Human Rights and Business (materials on a topic subject); see also the list of the Association of Human Rights Institutes (AHRI) |
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Teaching materials on international human rights law: Office of the UNHCHR, Teaching and Education Materials, Swiss Federal Department of Foreign Affairs, ABC of Human Rights, 2008, Curtis F.D. Doebbler, Introduction to International Human Rights Law, 2007; Stanford Encyclopedia of Philosophy, Human Rights |
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Human/fundamental rights and civil law: Cherednychenko, Olha, Fundamental rights and private law: A relationship of subordination or complementarity?, Utrecht Law Review 3 (2007), no. 2; Eric Engle, Third Party Effect of Fundamental Rights (Drittwirkung), Hanse Law Review 2009, no. 2; Chantal Mak, Fundamental rights in European contract law, 2007 (see also review) |
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Human rights moot courts: World Human Rights Moot Court Competition (Univ. of Pretoria), European Human Rights Moot Court Competition (ELSA/Council of Europe), Inter-American Human Rights Moot Court Competition (Washington College of Law), African Human Rights Moot Court Competition (Univ. of Pretoria), Susan J. Ferrell Intercultural Human Rights Moot Court Competition (St. Thomas Univ., Miami) |
D. Links concerning the case of the Moot Court
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Jurisprudence:
European Court of Human Rights, case 5932/00, von Hannover v. Germany I;
European Court of Human Rights, cases
40660/08 and 60641/08, von Hannover v. Germany II (see also comments of
Ansgar Ohly,
Jack Gilbert,
Kirsten Sjøvoll); for further studies see also the following
cases: German
Federal Constitutional Court,
BVerfGE 101, 361, Caroline of Monaco II (in English
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Scholarly contributions: Ansgar Ohly/Huw Beverley-Smith: Privacy and Personality Rights in Comparative Perspective (2006); Patrick J. Alach, Paparazzi and Privacy (2009); Carole Lewis, Privacy and Freedom of Expression (2012) |
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Practical case: Prominenten-Fotos aus dem Westerwald (case for the preparation of the state examination for lawyers in Germany) |
