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Challenging Human Rights Violations Using International Law In Us Courts
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Book Synopsis Challenging Human Rights Violations: Using International Law in U.S. Courts by : Francisco Martin
Download or read book Challenging Human Rights Violations: Using International Law in U.S. Courts written by Francisco Martin and published by BRILL. This book was released on 2021-10-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book guides civil rights lawyers-and informs judges, legislators, and academics-in the effective use of international law in U.S. federal and state cases. The author highlights many concrete areas in which international law can enhance human rights protection both in the U.S. and abroad, such as: Death penalty Lethal force by police and military authorities Extraterritorial privacy protection Gay and lesbian rights Government liability for foreseeable harm Compensation for unintentional false imprisonment. This eminently practical approach-based on model briefs developed for and used by leading U.S. civil rights lawyers and organizations-presents an extremely rare treatment of international human rights law. Published under the Transnational Publishers imprint.
Book Synopsis Judging International Human Rights by : Stefan Kadelbach
Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Book Synopsis International Human Rights Litigation: A Guide for Judges by : Federal Judicial Center
Download or read book International Human Rights Litigation: A Guide for Judges written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-03-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights
Book Synopsis Justice Across Borders by : Jeffrey Davis
Download or read book Justice Across Borders written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2008-06-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty
Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Book Synopsis International Law Stories by : John E. Noyes
Download or read book International Law Stories written by John E. Noyes and published by Foundation Press. This book was released on 2007 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title sets the most significant international law cases in their social, political, and historical context. It showcases 13 essays by leading international law experts. The essays are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the most significant developments in the field.
Book Synopsis The Law of the Future and the Future of Law by : Sam Muller
Download or read book The Law of the Future and the Future of Law written by Sam Muller and published by Torkel Opsahl Academic EPublisher. This book was released on 2012-10-31 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights of robots, a closer collaboration between law and the health sector, the relation between justice and development - these are some of the topics covered in The Law of the Future and the Future of Law: Volume II. The central question is: how will law evolve in the coming years? This book gives you a rich array of visions on current legal trends. The readable think pieces offer indications of law's cutting edge. The book brings new material that is not available in the first volume of The Law of the Future and the Future of Law, published in June 2011. Among the authors in this volume are William Twining (Emeritus Quain Professor of Jurisprudence, University College London), David Eagleman (Director, Initiative on Neuroscience and Law), Hassane Cisse (Deputy General Counsel, The World Bank), Gabrielle Marceau (Counsellor, World Trade Organisation), Benjamin Odoki (Chief Justice, Republic of Uganda), Martijn W. Scheltema (Attorney at law, Pels Rijcken and Droogleever Fortuijn), Austin Onuoha (Founder, The Africa Centre for Corporate Responsibility), Lokke Moerel (Partner, De Brauw Blackstone Westbroek), S.I. Strong (Senior Fellow, Center for the Study of Dispute Resolution), Jan M. Smits (Chair of European Private Law, Maastricht University).
Book Synopsis International Human Rights Litigation in U.S. Courts by : Beth Stephens
Download or read book International Human Rights Litigation in U.S. Courts written by Beth Stephens and published by Hotei Publishing. This book was released on 1996 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.
Book Synopsis The Law of Nations and the United States Constitution by : Anthony J. Bellia Jr.
Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia Jr. and published by Oxford University Press. This book was released on 2017-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Book Synopsis International Law and Contemporary Global Challenges by : Max Hilaire
Download or read book International Law and Contemporary Global Challenges written by Max Hilaire and published by Logos Verlag Berlin GmbH. This book was released on 2024-03-18 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book simultaneously sheds light on the most pressing global challenges facing humanity in the 21st century and pays tribute to President Vaclav Havel of the Czech Republic, who had a great impact on the transformation of world politics in the 20th century. It examines in detail contemporary international issues such as climate change, mass migration, refugees, internal armed conflicts, great power rivalry, and regional political instability. It also underscores the increasing inability of the Westphalian model to solve complex transnational problems and calls for a new approach. Included as a postscript is an extensive analysis of the resurgence of dictatorial regimes in many regions of the world and their attempt to undo the rules-based international order established after World War II. This trend is a setback for those who fought tirelessly to end the Cold War and to spread freedom and democracy to millions of people across the globe. Today that legacy is being challenged by autocratic regimes that see respect for human rights as a threat to their political survival. International law is what unites us as citizens of the world; and only through international law and multilateral cooperation, can we address the global challenges examined in this book.
Book Synopsis Corporate Human Rights Violations by : Stefanie Khoury
Download or read book Corporate Human Rights Violations written by Stefanie Khoury and published by Routledge. This book was released on 2016-12-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.
Book Synopsis International Law in the U.S. Legal System by : Curtis Bradley
Download or read book International Law in the U.S. Legal System written by Curtis Bradley and published by OUP USA. This book was released on 2013-03-21 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System decodes the often complicated ways that international law operates within the United States legal system and sheds light on unresolved issues and areas of controversy. The book covers all of the principal forms of international law including treaties, decisions and orders of international institutions, customary international law, jus cogens norms, and general principles. It also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, and extraterritoriality.
Book Synopsis In Pursuit of Justice by : Richard B. Zabel
Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Book Synopsis Federal Courts and the International Human Rights Paradigm by : Kenneth C. Randall
Download or read book Federal Courts and the International Human Rights Paradigm written by Kenneth C. Randall and published by . This book was released on 1990 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bringing Human Rights Home: From civil rights to human rights by : Cynthia Soohoo
Download or read book Bringing Human Rights Home: From civil rights to human rights written by Cynthia Soohoo and published by . This book was released on 2008 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume set chronicles the history of human rights in the United States from the perspective of domestic social justice activism. First, the set examines the political forces and historic events that resulted in the U.S.'s failure to embrace human rights principles at home while actively (albeit selectively) championing and promoting human rights abroad. It then considers the current explosion of human rights activism around issues within the United States and the way human rights is transforming domestic social justice work. The first volume provides a historical perspective on the United States' ambivalent relationship with the international human rights movement. It examines the implications of recognizing domestic rights violations as a matter of international concern and the relationship between international and domestic law. It also addresses the role the Cold War and Southern opposition to international scrutiny of its Jim Crow policies and segregation played in shaping U.S. attitudes toward human rights generally and social and economic rights in particular. These factors forced social justice organizations to largely abandon employing a human rights framework in their domestic work and had a lasting impact on U.S. perspectives about fundamental rights and the role of government. The set also chronicles current domestic human rights work. Volumes two and three consider why domestic activists currently are using human rights and the tactical advantages and practical challenges posed by such strategies. These volumes cover everything from globalization to terrorism and the erosion of civil rights protections that led to a renewed interest in human rights; human rights versus civil rights strategies; and the different ways human rights can support social activism.
Book Synopsis Research Handbook on the Politics of International Law by : Wayne Sandholtz
Download or read book Research Handbook on the Politics of International Law written by Wayne Sandholtz and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Book Synopsis International Law in Domestic Courts by : Andre Nollkaemper
Download or read book International Law in Domestic Courts written by Andre Nollkaemper and published by Oxford University Press, USA. This book was released on 2019-01-28 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
