Title:A World Court of Human Rights : Consolidated statute and commentary Author(s):KOZMA, Julia; NOWAK, Manfred; SCHEININ, MartinDate:2010Citation:
- Vienna/Graz, Neuer Wissenschaftlicher Verlag, 2010, Recht, Studienreihe des Ludwig Boltzmann Instituts fur Menschenrechte, Bd. 22
Type:BookAbstract:Today a plenitude of legal instruments for the protection of a vast number of human rights exists. Many of these rights have reached almost universal ratification. Regional courts have developed and their jurisdiction has ...
Title:Perusoikeudet, 2nd revised ed. Author(s):HALLBERG, Pekka; KARAPUU, Heikki; OJANEN, Tuomas; SCHEININ, Martin; TUORI, Kaarlo; VILJANEN, Veli-PekkaDate:2011Citation:
- Helsinki, WSOYpro/Werner Söderström lakitieto, 2011, Oikeuden perusteokset
Type:BookAbstract:This book by six main authors and a number of associate authors constitutes a commentary of the fundamental rights provisions in the Constitution of Finland of 1999. It comprises of some 900 pages of text plus a number of ...
Title:You Can’t Always Get What You Want: The Kadi II Conundrum and the Security Council 1267 Terrorist Sanctions Regime Author(s):GINSBORG, Lisa; SCHEININ, MartinDate:2011Citation:
- Essex Human Rights Review, 2011, 8, 1, 7-19, Special Issue on Balancing Counter-Terrorism Efforts with Human Rights a Decade After 9/11
Type:ArticleAbstract:This essay about the 1267 Security Council sanctions regime discusses the legal limitations to the powers conferred to the Security Council under Chapter VII of the UN Charter and the implications in relation to international ...
Title:Is the ECJ Ruling in Kadi Incompatible with International Law? Author(s):SCHEININ, MartinDate:2009Citation:
- Yearbook of European Law, 2009, 28, 1, 637-653
Type:ArticleAbstract:This chapter discusses the Kadi ruling by the European Court of Justice from the perspective of public international law. Its main thesis is that instead of using Kadi as evidence of a conflict between the normative orders ...
Title:Defining Acts of International Terrorism in Time of Armed Conflict: A critical comment on Italian case law Author(s):SCHEININ, MartinDate:2009Citation:
- Italian Yearbook of International Law, 2009, XIX, 131-138
Title:International Organizations and Transnational Corporations at a World Court of Human Rights Author(s):SCHEININ, MartinDate:2012Citation:
- Global Policy, 2012, 3, 4, 488-49
Type:ArticleAbstract:This article is based on the author’s involvement in preparing a Draft Statute for a future World Court of Human Rights. The proposal seeks to modify the traditional vertical structure of human rights norms by introducing ...
Title:Rights-based Constitutionalism in Finland and the Development of Pluralist Constitutional Review Author(s):LAVAPURO, Juha; OJANEN, Tuomas; SCHEININ, MartinDate:2011Citation:
- International Journal of Constitutional Law, 2011, 9, 2, 505–531
Type:ArticleAbstract:Traditional characteristics of Nordic constitutionalism have been challenged increasingly, since the late 1980s, by tendencies toward rights-based constitutionalism. Reminiscent of several other theaters within the global ...
Title:Unilateral Exceptions to International Law: Systematic legal analysis and critique of doctrines to deny or reduce the applicability of Human Rights norms in the fight against terrorism Author(s):SCHEININ, Martin; VERMEULEN, MathiasDate:2011Citation:
- Essex Human Rights Review, 2011, 8, 1, 20-56
Type:ArticleSeries/Number:[DETECTER]Abstract:It is well known that many governments have resorted to a wide range of constructions to justify, under international law, their unilateral exceptions to human rights in the name of countering terrorism. This paper seeks ...
Title:The state of our Union : confronting the future Author(s):SCHEININ, MartinDate:2015Citation:
- International journal of constitutional law (I-CON), 2015, Vol. 13, No. 3, pp. 559-566
Type:ArticleAbstract:The European Union urgently needs to address and confront four challenges: (i) how to move ahead with the difficult relationship between surveillance and freedom; (ii) how to prioritize the issue of migration at times when ...
Title:The Italian Constitutional Courts judgment 238 of 2014 is not another Kadi case Author(s):SCHEININ, MartinDate:2016Citation:
- Journal of international criminal justice, 2016, Vol. 14, No. 3, pp. 615–620
Type:ArticleAbstract:This article provides a critical view of Judgment No. 238 of 2014 handed down by the Italian Constitutional Court. By and large the comments presented below pertain to the single issue of the relationship between different ...