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Damages And Human Rights
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Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska
Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Book Synopsis Damages and Human Rights by : Jason Varuhas
Download or read book Damages and Human Rights written by Jason Varuhas and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Court of Human Rights by : Helmut P. Aust
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Book Synopsis Remedies in International Human Rights Law by : Dinah Shelton
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2000 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
Book Synopsis Damages and Human Rights by : Jason NE Varuhas
Download or read book Damages and Human Rights written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Book Synopsis Remedies in International Human Rights Law by : Dinah Shelton
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2015 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.
Book Synopsis Accountability and Corporate Human Rights Violations in Tort and International Law by : Emmanuel K. Nartey
Download or read book Accountability and Corporate Human Rights Violations in Tort and International Law written by Emmanuel K. Nartey and published by Cambridge Scholars Publishing. This book was released on 2021-10-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
Book Synopsis Remedies for Human Rights Violations by : Kent Roach
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Book Synopsis Tort Law in the Jurisprudence of the European Court of Human Rights by : Attila Fenyves
Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Book Synopsis A Company's Right to Damages for Non-Pecuniary Loss by : Vanessa Wilcox
Download or read book A Company's Right to Damages for Non-Pecuniary Loss written by Vanessa Wilcox and published by Cambridge University Press. This book was released on 2016-09 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.
Book Synopsis Constitutional Damages Worldwide by : Kenneth D. Cooper-Stephenson
Download or read book Constitutional Damages Worldwide written by Kenneth D. Cooper-Stephenson and published by Thomson Carswell. This book was released on 2013 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constitutional Damages Worldwide examines claims for damages for the breach of human rights provisions under constitutions around the globe, including claims for constitutional torts in the United States, claims under the English Human Rights Act, and claims under the New Zealand Bill of Rights. It covers case law from more than 30 jurisdictions, including Canada, the Asia-Pacific region, Africa, and the Caribbean, and also claims for just satisfaction under the European Convention on Human Rights.
Book Synopsis Transnational Legal Activism in Global Value Chains by : Miriam Saage-Maaß
Download or read book Transnational Legal Activism in Global Value Chains written by Miriam Saage-Maaß and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism. .
Book Synopsis State Responsibility and the Individual by : Albrecht Randelzhofer
Download or read book State Responsibility and the Individual written by Albrecht Randelzhofer and published by BRILL. This book was released on 2023-11-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Compensation for Environmental Damages Under International Law by : Tarcísio Hardman Reis
Download or read book Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Book Synopsis Civil Rights in the Workplace by : Henry H. Perritt (Jr.)
Download or read book Civil Rights in the Workplace written by Henry H. Perritt (Jr.) and published by Wolters Kluwer. This book was released on 2001-01-01 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: For plaintiff and defense counsel, Civil Rights in the Workplace provides complete analysis of punitive damages, compensatory damages, jury trials, and changes in providing disparate treatment and disparate impact cases. It shows you how the 1991 Act has changed the way lawyers and their clients approach employment discrimination under Title VII, the Age Discrimination and Employment Act, the Reconstruction Era Civil Rights Act, and the ADA. You get the full text -- with insightful analysis -- of the controversial Supreme Court rulings that led to the creation of the 1991 Act. Civil Rights in the Workplace provides coverage of legislative and other developments and new case law, including: Explanation of EEOC regulations applying 2008 amendments to ADA New Supreme Court case on and“catand’s pawand” theory New Supreme Court case extending Title VII retaliation claims to case in which adverse action was taken against fiancandé New Supreme Court case on when maintenance of a policy with disparate impact falls within a statute of limitations New Supreme Court case allowing retaliation claims based on oral complaints New state case holding that arbitration agreement did not divest state agency of investigative power New case finding arbitration agreement to be unconscionable New case law on relationship between ADA and FMLA New case law on statistical comparisons in disparate impact cases New court of appeals decisions allowing harassment and retaliation actions on behalf of gay employees Analysis of case finding and“Donand’t Ask, Donand’t Telland” policy to be unconstitutional and of subsequent repeal New case on sovereign immunity for state instrumentalities New court of appeals case agreeing that a Title VII was precluded by earlier Section 1983 action New case grappling with choice of law questions in international context
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.
Book Synopsis Monetary Remedies for Breach of Human Rights by : Lisa Tortell
Download or read book Monetary Remedies for Breach of Human Rights written by Lisa Tortell and published by Bloomsbury Publishing. This book was released on 2006-11-13 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the cause of action is directed, and what the court orders. The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions, so completing the structure of the causes of action. These influences are the cause of action's source, age, wider context and internal context. Putting these two chapters together provides a generalised outline of the causes of action. In the third part of the book the analysis is turned around. The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998. The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways. Further, this generalised framework is of relevance beyond the three jurisdictions from which it was drawn; it can be used as a guide by other jurisdictions in which such a cause of action either exists or will develop in the future.
