Malcolm D Evans

Dados Biográficos

ID3586069
NOMEMalcolm D Evans
PRENOMESMalcolm D
SOBRENOMEEvans
ASSINATURAEVANS M D
AFILIAÇÕESEuropean Faculty of Law
VERIFICADONão
TOTAL DE OBRAS45
TOTAL DE CITAÇÕES74
TOTAL COMO AUTOR44
TOTAL COMO EDITOR1
PRIMEIRO ANO DE PUBLICAÇÃO1968
ANO MAIS RECENTE DE PUBLICAÇÃO2023
ÍNDICE H4

  • State Neutrality and Religion in Europe

    Open AccessMalcolm D Evans, Malcolm EvansARTICLEOxford Journal of Law and Religion2023

    This article examines the jurisprudence under the European Convention on Human Rights concerning the role of the state in relation to matters of religious belief. The Court’s approach to this topic has changed markedly over the last 30 years and has become increasingly focussed on the idea of ‘neutrality’. This, it is suggested, is a significant error. The article highlights the shortcomings of the approaches it has adopted and argues that the es…

  • Why Religious Freedom matters for Democracy

    Open AccessMalcolm D Evans, Malcolm EvansARTICLEOxford Journal of Law and Religion2020

    At several points during this interesting and enlightening book, the author quotes the well-known words of the European Court of Human Rights in Kokkinakis v Greece in 1993—its first-ever judgment concerning Article 9 of the European Convention—that: freedom of thought, conscience and religion is one of the foundations of a ‘democratic society’ within the meaning of the Convention. It is, in its religious dimension, one of the most vital elements…

  • Research Handbook on Torture

    Jens Modvog, Malcolm D Evans et al.BOOKResearch Handbook on Torture2020

    This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality

  • The African Charter on Human and Peoples' Rights

    Malcolm D Evans, Rachel Murray et al.BOOKAfrican Charter on Human and…2019

    The African Charter on Human and Peoples’ Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples’ Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents a…

  • Conscience and Conversion

    Open AccessMalcolm D EvansARTICLEJournal of Church and State2019

    This fascinating book looks at the experiences of a number of prominent figures who exercised their freedom of religion by changing their faith in post-revolutionary France. This might seem somewhat esoteric, but the generic issues that it highlights are of enduring relevance and have contemporary resonance. Much of the modern debate concerning freedom of religion and belief is couched in rights language and focused on the right to act in accorda…

  • The Optional Protocol to the UN Convention Against Torture

    Rachel Murray, Rachel Dr Murray et al.BOOKThe Optional Protocol to the UN…2011

    The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodie…

  • From Cartoons to Crucifixes

    Open AccessMalcolm D EvansARTICLEJournal of Law and Religion2010

    During the past five years, issues concerning the freedom of religion, and its relationship with the freedom of expression have received an ever higher profile in both the media and in political debate. The purpose of this article is to reflect on the approach taken by the European Court of Human Rights to some of the most significant of these issues. In a short article of this nature it is not possible to examine each of the issues in a comprehe…

  • Council of Europe Manuals - Human Rights in Culturally Diverse Societies (2 vols.)

    Malcolm D Evans, Malcolm Evans et al.BOOKManual on the wearing of…2009

    The origins of these Manuals lie in the increasing interest and importance of questions concerning the manner in which the freedom of religion and belief is to be enjoyed in Europe today, and how freedom of expression can be reconciled with other rights in a multi-cultural society. These volumes, written by human rights experts and commissioned by the Council of Europe, offer an overview of two contentious topics - the wearing of religious symbol…

  • Manuel sur le port des symboles religieux dans les lieux publics

    Malcolm D EvansBOOKManuel sur le port des symboles…2009

    Le manuel explique les dispositions de la Convention européenne des droits de l’homme concernant la liberté de pensée, de conscience et de religion. Il décrit les concepts clés de la jurisprudence de la Cour européenne des droits de l’homme et examine la distribution des rôles et des responsabilités entre l’Etat et les citoyens.La question centrale est celle du port de symboles religieux dans les lieux publics. L’auteur commence par faire le poin…

  • The African Charter on Human and Peoples' Rights

    Malcolm D Evans, Germain Baricako et al.BOOKAfrican Charter on Human and…2008

    The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluatio…

  • A Separation of Convenience? The Concept of Neutrality in the Jurisprudence of the European Court of Human Rights1

    Malcolm D Evans, Malcolm Evans et al.ARTICLEReligion State & Society2008Citada por: 3

    The article examines the strategies the European Court of Human Rights (ECHR) employs to apply the concept of neutrality in relation to Article 9 (freedom of religion or belief) of the European Convention on Human Rights. Having explored the theoretical background of the concept of neutrality and its specific application in the case law, the authors argue that neutrality is often used to display a bias towards a particular world view or societal …

  • All the Perfumes of Arabia’

    Open AccessMalcolm D EvansARTICLELeiden Journal of International Law2006

    Although the House of Lords has now made it clear that evidence obtained by means of torture conducted abroad by non-UK nationals is inadmissible in judicial proceedings in the United Kingdom, the position remains unsatisfactory. Restrictive approaches have been taken to many of the key issues, suggesting that there is still considerable scope for the use of evidence which is brought to light as a result of forms of ill-treatment which violate hu…

  • I. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

    Open AccessMalcolm D Evans, Susan C Breau et al.ARTICLEInternational and Comparative Law…2005Citada por: 1

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  • The African Charter on Human and Peoples' Rights

    Open AccessDonald Rothchild, Malcolm D Evans et al.ARTICLECanadian Journal of African…2004Citada por: 15

    Preface 1. Future trends in human rights in Africa: the increased role of the OAU G. Naldi 2. The reporting mechanism of the African Charter on Human and Peoples' Rights M. Evans and R. Murray 3. Admissibility under the African Charter F. Viljoen 4. Evidence and fact-finding by the African Commission R. Murray 5. Civil and political rights in the African Charter C. Heyns 6. Implementing economic, social and cultural rights under the African Chart…

  • Human Rights

    Gail M Gerhart, Makua Mutua et al.ARTICLEForeign Affairs2003Citada por: 3

  • Decisions of International Tribunals

    Open AccessMalcolm D EvansARTICLEInternational and Comparative Law…2002Citada por: 2Referências: 5

    On 16 March 2001 the International Court of Justice gave judgment in what was then its most longrunning case. It was in 1987 that Qatar and Bahrain had begun a process of attempting to agree upon the submission of their differences to the Court, but although they were able to agree upon the subject matter in dispute, they could not agree upon its legal characterization and the manner in which the dispute should be placed before the Court. That no…

  • Getting to Grips with Torture

    Open AccessMalcolm D EvansARTICLEInternational and Comparative Law…2002Citada por: 6Referências: 6

    In October 2000 an informal working group of the United Nations Commission on Human Rights met to discuss the latest drafts of an Optional Protocol to the 1984 United Nations Convention against Torture. The Working Group itself met for its 9th session in February 2001 and its 10th session was held in January 2002. 2 The primary purpose of this Optional Protocol is to create a new international mechanism that will have a preventive role and which …

  • Religious Liberty and International Law in Europe

    W Cole Durham, J Troy Beatty et al.ARTICLEJournal of Law and Religion2001

  • The Maritime Delimitation Between Eritrea and Yemen

    Open AccessMalcolm D EvansARTICLELeiden Journal of International Law2001Citada por: 2

    The Award of the Arbitral Tribunal in the Second Phase (Maritime Delimitation) of the Eritrea-Yemen Arbitration follows the trend towards producing a single all-purpose delimitation line constructed on the basis of equidistance, the course of which is chiefly dictated by mainland coastal geography. Islands are accorded little impact upon the course of the final line, save to the extent necessary to permit them a full territorial sea. The potentia…

  • II. Command Responsibility and the Blaskic Case

    Open AccessMalcolm D Evans, Danesh SarooshiARTICLEInternational and Comparative Law…2001Referências: 4

    A disturbing feature of the conflict in the former Yugoslavia was the extent to which civilians were the target of military attacks by all three of the armed forces of the main ethnic communities. It was the military attacks by the armed forces of one of these ethnic communities—the Bosnian Croats (HZHB)—against Bosnian Muslim civilians and associated events in the Lasva Valley region of Central Bosnia from May 1992 to January 1994 that led to th…

  • I. Recent Cases

    Open AccessMalcolm D Evans, J G MerrillsARTICLEInternational and Comparative Law…2001Referências: 3

    On 21 September 1999 Pakistan filed an application instituting proceedings against India in respect of a dispute relating to the destruction in the previous month of a Pakistani military aircraft. According to Pakistan the aircraft, which was unarmed, was shot down by Indian fighter aircraft while in Pakistan air space and without warning. The 16 people aboard the aircraft, who were mostly naval trainees, were all killed. India denied all respons…

  • I. The Southern Bluefin Tuna Arbitration

    Open AccessMalcolm D Evans, Alan BoyleARTICLEInternational and Comparative Law…2001Citada por: 3Referências: 1

    Readers of last October's I.C.L.Q. will recall that this case started life in the International Tribunal for the Law of the Sea when Australia and New Zealand were granted provisional measures against Japanese high seas tuna fishing in the Pacific. 1 That Tribunal had held that the provisions of the 1982 UN Convention on the Law of the Sea (“1982 UNCLOS”) invoked by Australia and New Zealand appeared to afford a basis on which the jurisdiction of…

  • Recent Cases

    Open AccessJ G Merrills, Malcolm D EvansARTICLEInternational and Comparative Law…2000Citada por: 2Referências: 7

    An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content

  • I Case Concerning Kasikili'Sedudu Island (Botswana'Namibia)

    Open AccessMalcolm N Shaw, Malcolm D EvansARTICLEInternational and Comparative Law…2000Referências: 1

    The decision of the International Court of Justice of 13 December 1999 in the dispute between Botswana and Namibia concerning the island known to the former as Sedudu and the latter as Kasikili is the latest in a line of cases dealing with the identification of colonial boundaries, 1 including the two Eritrea/Yemen arbitration awards, the second of which (on Maritime Delimitation) was delivered four days after the Kasikili/Sedudu Island judgment …

  • Protecting Prisoners

    Rod Morgan, Malcolm D Evans et al.BOOKProtecting prisoners1999

    Prisoners are a uniquely vulnerable social group and protecting them from oppressive states has given rise to a complex web of standards generated by a variety of international mechanisms and processes. Protecting Prisoners examines the most detailed and far-reaching set of custodial standards yet devised--those of the European Committee for the Prevention of Torture (CPT)---and relates them to those of other European and United Nations bodies. T…