This chapter examines the role of the Council of Europe’s Committee of Ministers in supervising the judgments made by the European Court of Human Rights or the Strasbourg Court, describes the composition and procedure of the Committee of Ministers, and the execution of judgments.
Chapter
3. Supervising the Enforcement of Judgments
Chapter
16. Remedies I: compensatory damages
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation, and the defence of contributory negligence.
Chapter
16. Remedies I: compensatory damages
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation and the defence of contributory negligence.
Chapter
17. Countermeasures and Sanctions
Nigel D White and Ademola Abass
This chapter focuses on the issue of enforcement by means of non-forcible measures. Two legal regimes are considered: non-forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). Discussions cover emergence of a restricted doctrine of countermeasures as the modern acceptable form of self-help; partial centralization of coercion in international organizations; problems within each of these regimes along with limitations placed upon their application; coexistence of countermeasures based on a traditional view of international relations, alongside post-1945 development of centralized institutional responses. State and institutional practices that lie between the basic right of a State to take countermeasures to remedy an internationally wrongful act, and the power of international organizations to impose sanctions in certain circumstances are discussed. Finally, the legality of continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion; and collective countermeasures imposed either multilaterally or institutionally are considered.
Chapter
One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Watts & another v Morrow [1991] 1 WLR 1421
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Watts & another v Morrow [1991] 1 WLR 1421. The document also includes supporting commentary from author Nicola Jackson.
Chapter
One Step (Support) Ltd v Morris-Garner [2019] AC 649; [2018] UKSC 20
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in One Step (Support) Ltd v Morris-Garner [2018] UKSC 20. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Watts & another v Morrow [1991] 1 WLR 1421
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Watts & another v Morrow [1991] 1 WLR 1421. The document also includes supporting commentary from author Nicola Jackson.
Chapter
13. Terrorism and the politics of fear
Frank Furedi
This chapter provides a general introduction to the subject of terrorism and poses a series of important questions about how to define terrorism against a backdrop of contemporary fears in a risk-averse society. It begins by casting doubt on simple, typically narrow, definitions of terrorism, before then going on to deconstruct the climate of fear currently surrounding the majority of research in this area. The chapter looks at current counter-terrorism measures and recently invoked anti-terrorist legislation. It argues that, if governments continue to adopt a cavalier attitude towards civil liberties, they face the risk of playing into the very hands of those who promote and perpetrate political violence.
Chapter
3. Witnesses: Competence and compellability; Special Measures Directions
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter covers witnesses, who are a principal source of evidence, and the rules relating to their attendance. All witnesses with relevant information are assumed to be competent to give evidence and usually compellable to give evidence, as the court may summon them to attend. Interests of the witness are secondary to the need of the court to have all necessary information. Some witnesses who are competent may claim a privilege not to give evidence, including defendants on their own behalf. Other exceptions comprise spouses or civil partners testifying for the prosecution. This is based on the concept that compulsion may lead to marital discord. The chapter also includes a review of Special Measures Directions for vulnerable witnesses.
Chapter
13. Witnesses
Chapter 13 examines three broad issues pertaining to witnesses. First, it considers whether certain categories of persons may be incompetent to testify, or, even if competent to testify, may not be compellable to do so. It then examines the relaxation of the rules on corroboration, and the emergence of a more contemporary approach to possibly unreliable witnesses. Finally, it investigates the availability and adequacy of any special measures or procedures for easing the burden on testifying witnesses.
Chapter
17. Countermeasures and Sanctions
Nigel D White
This chapter focuses on the issue of enforcement by means of non-forcible measures. Two legal regimes are considered: non-forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). Discussions cover emergence of a restricted doctrine of countermeasures as the modern acceptable form of self-help; partial centralization of coercion in international organizations; problems within each of these regimes along with limitations placed upon their application; coexistence of countermeasures based on a traditional view of international relations, alongside post-1945 development of centralized institutional responses. State and institutional practices that lie between the basic right of a State to take countermeasures to remedy an internationally wrongful act, and the power of international organizations to impose sanctions in certain circumstances are discussed. Finally, the legality of continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion; and collective countermeasures imposed either multilaterally or institutionally are considered.
Chapter
39. Punishment in the community: Evolution, expansion, and moderation
Gwen Robinson and Fergus McNeill
This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.
Chapter
10. Peaceful settlement of disputes
This chapter examines the means and methods relating to the peaceful settlement of international disputes. The UN Charter obliges States to resolve their disputes peacefully and suggests certain means for such settlement: on the one hand, diplomatic means, like negotiation, mediation, conciliation, or the ‘good offices’ of the UN Secretary General and, on the other, legal methods, such as arbitration and recourse to the International Court of Justice (ICJ), which are binding. The ICJ exercises its jurisdiction over contentious cases only upon the consent of the parties to the dispute, which may be expressed through various forms (eg compromis or optional clause declaration). The ICJ may also render advisory opinions to questions of international law posed by the UN General Assembly, the Security Council, or other competent organs and organizations. The chapter also explains dispute settlement in the context of international investor–State arbitration and in the World Trade Organization.
Chapter
7. Due Process, Liberty and Security of the Person, and the Right to a Fair Trial
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers due process, liberty, and security of the person, and the right to a fair trial, including articles 5, 6, and 7 of the ECHR and their application to matters such as prison discipline, police powers, and the fight against terrorism.
Chapter
21. Statutory Regulation of Dismissals
This chapter considers the termination of employment, and how it is governed by statutory measures—in cases of unfair dismissal—and the common law—in cases of wrongful dismissal. Each of these provisions outline important factors when the contract is to be ended. Being aware of the procedures involved in each of these areas of law will ensure terminations can take effect without unnecessary recourse to court or tribunal action, saving time and money. In dismissing an employee, the law provides for the correct procedure to be adopted, the potentially fair reasons that justify a dismissal, along with automatically unfair reasons to dismiss an employee. Disregarding these may lead to claims for unfair dismissal, the defence of which can be expensive for employers.
Chapter
12. The peaceful settlement of disputes
This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.
Chapter
Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Piraiki-Patraiki and others v Commission (Case 11/82), EU:C:1985:18, [1985] ECR 207, 17 January 1985
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Piraiki-Patraiki and others v Commission (Case 11/82), EU:C:1985:18, [1985] ECR 207, 17 January 1985. The document also includes supporting commentary from author Noreen O'Meara.
Chapter
Procureur du Roi v Benoît and Gustave Dassonville (Case 8/74), EU:C:1974:82, [1974] ECR 837, 11 July 1974
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Procureur du Roi v Benoît and Gustave Dassonville (Case 8/74), EU:C:1974:82, [1974] ECR 837, 11 July 1974. The document also includes supporting commentary from author Noreen O'Meara.
