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Global Justice And Due Process
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Book Synopsis Global Justice and Due Process by : Larry May
Download or read book Global Justice and Due Process written by Larry May and published by Cambridge University Press. This book was released on 2010-12-09 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
Author :W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May Publisher : ISBN 13 :9780511860997 Total Pages :262 pages Book Rating :4.8/5 (69 download)
Book Synopsis Global Justice and Due Process by : W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May
Download or read book Global Justice and Due Process written by W Alton Jones Professor of Philosophy Professor of Law and Professor of Political Science Larry May and published by . This book was released on 2014-05-14 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines due process as center stage in international law, especially in connection with legal black holes such as Guantanamo.
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Book Synopsis Understanding Due Process in Non-Criminal Matters by : Ricardo Lillo Lobos
Download or read book Understanding Due Process in Non-Criminal Matters written by Ricardo Lillo Lobos and published by Springer Nature. This book was released on 2022-07-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.
Book Synopsis Comparative, International, and Global Justice by : Cyndi Banks
Download or read book Comparative, International, and Global Justice written by Cyndi Banks and published by SAGE Publications. This book was released on 2015-09-23 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative, International and Global Justice: Perspectives from Criminology and Criminal Justice presents and critically assesses a wide range of topics relevant to criminology, criminal justice and global justice. The text is divided into three parts: comparative criminal justice, international criminology, and transnational and global criminology. Within each field are located specific topics which the authors regard as contemporary and highly relevant and that will assist students in gaining a fuller appreciation of global justice issues. Authors Cyndi Banks and James Baker address these complex global issues using a scholarly but accessible approach, often using detailed case studies. The discussion of each topic is a comprehensive contextualized account that explains the social context in which law and crime exist and engages with questions of explanation or interpretation. The authors challenge students to gain knowledge of international and comparative criminal justice issues and think about them in a critical manner. It has become difficult to ignore the global and international dimensions of criminal justice and criminology and this text aims to enhance criminal justice education by focusing on some of the issues engaging criminology worldwide, and to prepare students for a future where fields of study like transnational crime are unexceptional.
Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Book Synopsis Judicial Acts and Investment Treaty Arbitration by : Berk Demirkol
Download or read book Judicial Acts and Investment Treaty Arbitration written by Berk Demirkol and published by Cambridge University Press. This book was released on 2018-01-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Book Synopsis Due Process and International Terrorism by : Roza Pati
Download or read book Due Process and International Terrorism written by Roza Pati and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Book Synopsis Access to Justice and International Organizations by : Pierre Schmitt
Download or read book Access to Justice and International Organizations written by Pierre Schmitt and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby and published by Oxford University Press. This book was released on 2017 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Book Synopsis Criminal Justice by : Matthew Delisi
Download or read book Criminal Justice written by Matthew Delisi and published by . This book was released on 2011-07-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I sought to write a criminal justice textbook whose central theme showcases the ways that criminal justice systems operate according to the at time conflicting, and at times complementary, goals of crime control and due process. With these models in mind, students can learn that the police, courts, and correctional systems can: strive toward the goal of repressing crime or ensuring procedural safeguards, focus on police power or judicial oversight, operate with efficiency and finality or skepticism and deliberation, employ a law and order or civil libertarian mentality, operate with a presumption of guilt or a presumption of innocence, be likened to an assembly line or obstacle course, appear to be conservative or liberal. Using Packer's classic formulation of the criminal justice system, Criminal Justice: Balancing Crime Control and Due Process (3rd Edition) can help students improve their critical thinking skills and evaluate why criminal justice practitioners make the decisions they do when processing criminal offenders. It is my hope that the crime control and due process models will help students organize and understand criminal justice as a system that is often characterize as decentralized, disorganized, and even chaotic."--Xiii, (Preface).
Book Synopsis Global Justice Reform by : Hiram Chodosh
Download or read book Global Justice Reform written by Hiram Chodosh and published by NYU Press. This book was released on 2005 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rare comparative study of judicial systems throughout the world.
Book Synopsis The Arc of Due Process in American Constitutional Law by : E. Thomas Sullivan
Download or read book The Arc of Due Process in American Constitutional Law written by E. Thomas Sullivan and published by Oxford University Press. This book was released on 2013-07-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Book Synopsis Access to Justice as a Human Right by : Francesco Francioni
Download or read book Access to Justice as a Human Right written by Francesco Francioni and published by OUP Oxford. This book was released on 2007-10-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democratizing Global Justice by : John S. Dryzek
Download or read book Democratizing Global Justice written by John S. Dryzek and published by Cambridge University Press. This book was released on 2021-06-10 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tensions between democracy and justice have long preoccupied political theorists. Institutions that are procedurally democratic do not necessarily make substantively just decisions. Democratizing Global Justice shows that democracy and justice can be mutually reinforcing in global governance - a domain where both are conspicuously lacking - and indeed that global justice requires global democratization. This novel reconceptualization of the problematic relationship between global democracy and global justice emphasises the role of inclusive deliberative processes. These processes can empower the agents necessary to determine what justice should mean and how it should be implemented in any given context. Key agents include citizens and the global poor; and not just the states but also international organizations and advocacy groups active in global governance. The argument is informed by and applied to the decision process leading to adoption of the Sustainable Development Goals, and climate governance inasmuch as it takes on questions of climate justice.
