International Human Rights And Local Courts

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Lawyers Beyond Borders

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 0472038850
Total Pages : 263 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Lawyers Beyond Borders by : Maria Armoudian

Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Judging International Human Rights

Author : Stefan Kadelbach
Publisher : Springer
ISBN 13 : 3319948482
Total Pages : 663 pages
Book Rating : 4.3/5 (199 download)

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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.

International Human Rights and Local Courts

Author : Aksel Tømte
Publisher : Taylor & Francis
ISBN 13 : 1040022820
Total Pages : 196 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis International Human Rights and Local Courts by : Aksel Tømte

Download or read book International Human Rights and Local Courts written by Aksel Tømte and published by Taylor & Francis. This book was released on 2024-04-29 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

International Human Rights Litigation in U.S. Courts

Author : Beth Stephens
Publisher : Hotei Publishing
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.F/5 ( download)

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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.

Enforcing International Human Rights in Domestic Courts

Author : Benedetto Conforti
Publisher : BRILL
ISBN 13 : 9004481702
Total Pages : 485 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Enforcing International Human Rights in Domestic Courts by : Benedetto Conforti

Download or read book Enforcing International Human Rights in Domestic Courts written by Benedetto Conforti and published by BRILL. This book was released on 2021-09-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.

World Justice?

Author : Mark Gibney
Publisher : Routledge
ISBN 13 : 1000010988
Total Pages : 160 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis World Justice? by : Mark Gibney

Download or read book World Justice? written by Mark Gibney and published by Routledge. This book was released on 2021-11-18 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

International Human Rights Litigation in United States Courts

Author : Beth Stephens
Publisher : BRILL
ISBN 13 : 1571053530
Total Pages : 655 pages
Book Rating : 4.5/5 (71 download)

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Book Synopsis International Human Rights Litigation in United States Courts by : Beth Stephens

Download or read book International Human Rights Litigation in United States Courts written by Beth Stephens and published by BRILL. This book was released on 2008-01-01 with total page 655 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, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.

Lawyers Beyond Borders

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 047212904X
Total Pages : 263 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis Lawyers Beyond Borders by : Maria Armoudian

Access to Justice and International Organizations

Author : Pierre Schmitt
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432897
Total Pages : 407 pages
Book Rating : 4.7/5 (864 download)

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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.

International Human Rights Law

Author : Ann Fagan Ginger
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.:/5 (67 download)

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Book Synopsis International Human Rights Law by : Ann Fagan Ginger

Download or read book International Human Rights Law written by Ann Fagan Ginger and published by . This book was released on 2010 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Courts and Consociations

Author : Christopher McCrudden
Publisher : OUP Oxford
ISBN 13 : 019166538X
Total Pages : 209 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Courts and Consociations by : Christopher McCrudden

Download or read book Courts and Consociations written by Christopher McCrudden and published by OUP Oxford. This book was released on 2013-02-21 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

The Inter-American Court of Human Rights

Author : Yves Haeck
Publisher :
ISBN 13 : 9781780683089
Total Pages : 0 pages
Book Rating : 4.6/5 (83 download)

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Book Synopsis The Inter-American Court of Human Rights by : Yves Haeck

Download or read book The Inter-American Court of Human Rights written by Yves Haeck and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the case law of the Court, this volume analyses crucial developments over the years on both procedural and substantive issues before the Inter-American Court.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

International Law in Domestic Courts

Author : André Nollkaemper
Publisher : Oxford University Press
ISBN 13 : 0191060267
Total Pages : 952 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Law in Domestic Courts by : André Nollkaemper

Download or read book International Law in Domestic Courts written by André Nollkaemper and published by Oxford University Press. This book was released on 2018-11-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

Human Rights as Politics and Idolatry

Author : Michael Ignatieff
Publisher : Princeton University Press
ISBN 13 : 1400842840
Total Pages : 216 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Human Rights as Politics and Idolatry by : Michael Ignatieff

Download or read book Human Rights as Politics and Idolatry written by Michael Ignatieff and published by Princeton University Press. This book was released on 2011-12-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.

Asian Yearbook of International Law, Volume 23 (2017)

Author : Seokwoo Lee
Publisher : BRILL
ISBN 13 : 9004415823
Total Pages : 343 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Asian Yearbook of International Law, Volume 23 (2017) by : Seokwoo Lee

Download or read book Asian Yearbook of International Law, Volume 23 (2017) written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.

The Core International Human Rights Treaties

Author :
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.:/5 (319 download)

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Download or read book The Core International Human Rights Treaties written by and published by . This book was released on 2014 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication reproduces the Universal Declaration of Human Rights, and the nine core international human rights treaties and their optional protocols in a user-friendly format to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.