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Civil Remedies And Human Rights In Flux
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Book Synopsis Civil Remedies and Human Rights in Flux by : Ekaterina Aristova
Download or read book Civil Remedies and Human Rights in Flux written by Ekaterina Aristova and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
Book Synopsis Civil Remedies and Human Rights in Flux by : Ekaterina Aristova
Download or read book Civil Remedies and Human Rights in Flux written by Ekaterina Aristova and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
Book Synopsis Tort Litigation Against Transnational Corporations by : Leverhulme Early Career Fellow Ekaterina Aristova
Download or read book Tort Litigation Against Transnational Corporations written by Leverhulme Early Career Fellow Ekaterina Aristova and published by . This book was released on 2024-07-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid the emerging trend of private claims being brought against parent companies of transnational corporations in English and other Western courts, Tort Litigation against Transnational Corporations places the discussion of parent company liability cases in the context of the changing role of private international law in a globalised world.
Book Synopsis Research Handbook on the Politics of Human Rights Law by : Bård A. Andreassen
Download or read book Research Handbook on the Politics of Human Rights Law written by Bård A. Andreassen and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law is undoubtedly intertwined with politics, and so this Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions.
Book Synopsis World Report 2019 by : Human Rights Watch
Download or read book World Report 2019 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2019-02-05 with total page 957 pages. Available in PDF, EPUB and Kindle. Book excerpt: The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Book Synopsis Sustaining Civil Society by : Philip Oxhorn
Download or read book Sustaining Civil Society written by Philip Oxhorn and published by Penn State Press. This book was released on 2015-08-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: “South America is not the poorest continent in the world, but it may very well be the most unjust.” This statement by Ricardo Lagos, then president of Chile, at the Summit of the Americas in January 2004 captures nicely the dilemma that faces Latin American countries in the wake of the transition to democracy that swept across the continent in the last two decades of the twentieth century. While political rights are now available to citizens at unprecedented levels, social and economic rights lag far behind, and the fledgling democracies struggle with long legacies of poverty, inequality, and corruption. Key to understanding what is happening in Latin America today is the relationship between the state and civil society. In this ambitious book, Philip Oxhorn sets forth a theory of civil society adequate for explaining current developments in a way that such controversial neoconservative theories as Francis Fukuyama’s liberal triumphalism or Samuel Huntington’s “clash of civilizations” cannot. Inspired by the rich political sociology of an earlier era and the classic work of T. H. Marshall on citizenship, Oxhorn studies the process by which social groups are incorporated, or not, into national socioeconomic and political development through an approach that focuses on the “social construction of citizenship.”
Book Synopsis Human Rights Litigation Against Multinationals in Practice by : Richard Meeran
Download or read book Human Rights Litigation Against Multinationals in Practice written by Richard Meeran and published by Oxford University Press. This book was released on 2021 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.
Download or read book Humanity's Law written by Ruti Teitel and published by Oxford University Press. This book was released on 2011-10-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
Book Synopsis Social Rights Jurisprudence by : Malcolm Langford
Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Book Synopsis Law and Social Movements by : Michael McCann
Download or read book Law and Social Movements written by Michael McCann and published by Routledge. This book was released on 2017-07-05 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group legal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in cause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.
Author :United Nations. Office of the High Commissioner for Human Rights Publisher : ISBN 13 : Total Pages :584 pages Book Rating :4.:/5 (319 download)
Book Synopsis Realizing the Right to Development by : United Nations. Office of the High Commissioner for Human Rights
Download or read book Realizing the Right to Development written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2013 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Book Synopsis The International Covenant on Civil and Political Rights by : Sarah Joseph
Download or read book The International Covenant on Civil and Political Rights written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Book Synopsis Remedies against Immunity? by : Valentina Volpe
Download or read book Remedies against Immunity? written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Book Synopsis The African Regional Human Rights System by : Manisuli Ssenyonjo
Download or read book The African Regional Human Rights System written by Manisuli Ssenyonjo and published by Martinus Nijhoff Publishers. This book was released on 2011-12-23 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
Book Synopsis Women's Rights and Religious Law by : Fareda Banda
Download or read book Women's Rights and Religious Law written by Fareda Banda and published by Routledge. This book was released on 2016-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.
Book Synopsis Litigating the Climate Emergency by : César Rodríguez-Garavito
Download or read book Litigating the Climate Emergency written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2022-10-31 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"--
Book Synopsis Business and Human Rights by : Dalia Palombo
Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
