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 and Humanitarian Law

Author : Francisco Forrest Martin
Publisher : Cambridge University Press
ISBN 13 : 9781139448932
Total Pages : 1028 pages
Book Rating : 4.4/5 (489 download)

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Book Synopsis International Human Rights and Humanitarian Law by : Francisco Forrest Martin

Download or read book International Human Rights and Humanitarian Law written by Francisco Forrest Martin and published by Cambridge University Press. This book was released on 2006-01-16 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

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.

Remedies in International Human Rights Law

Author : Dinah Shelton
Publisher : Oxford University Press, USA
ISBN 13 : 9780199243020
Total Pages : 458 pages
Book Rating : 4.2/5 (43 download)

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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.

Human Rights In The Administration Of Justice

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : New York and Geneva : United Nations
ISBN 13 : 9789211541410
Total Pages : 885 pages
Book Rating : 4.5/5 (414 download)

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Book Synopsis Human Rights In The Administration Of Justice by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Human Rights In The Administration Of Justice written by United Nations. Office of the High Commissioner for Human Rights and published by New York and Geneva : United Nations. This book was released on 2003-12-01 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

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

Judicial Convergence and Fragmentation in International Human Rights Law

Author : Elena Abrusci
Publisher : Cambridge University Press
ISBN 13 : 1009093177
Total Pages : 307 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Judicial Convergence and Fragmentation in International Human Rights Law by : Elena Abrusci

Download or read book Judicial Convergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.

International Human Rights Law

Author : Mark Gibney
Publisher : Rowman & Littlefield
ISBN 13 : 9780742556300
Total Pages : 168 pages
Book Rating : 4.5/5 (563 download)

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Book Synopsis International Human Rights Law by : Mark Gibney

Download or read book International Human Rights Law written by Mark Gibney and published by Rowman & Littlefield. This book was released on 2008 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and compelling book challenges the reader to rethink the entire basis for human rights, providing a vastly different vision of a way forward out of our current quagmire. Mark Gibney persuasively advocates for a much broader reading of the law on state responsibility, arguing that current law misses most of the ways in which states fail to protect human rights and police violations. Calling for other measures to provide victims the "effective remedy" that international human rights law promises, Gibney sets forth a series of practical steps that would profoundly change the nature of human rights protection.

Access to Justice and International Organizations

Author : Pierre Schmitt
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432897
Total Pages : 416 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 416 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.

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 Law in Domestic Courts

Author : André Nollkaemper
Publisher : Oxford University Press
ISBN 13 : 0191060259
Total Pages : 720 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 720 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.

The Role of International Human Rights Law in the Professionalization of Public Administration

Author : SUN Yi
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480413
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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Book Synopsis The Role of International Human Rights Law in the Professionalization of Public Administration by : SUN Yi

Download or read book The Role of International Human Rights Law in the Professionalization of Public Administration written by SUN Yi and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Human Rights Law

Author : Olivier De Schutter
Publisher : Cambridge University Press
ISBN 13 : 1108463568
Total Pages : 1149 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Human Rights Law by : Olivier De Schutter

Download or read book International Human Rights Law written by Olivier De Schutter and published by Cambridge University Press. This book was released on 2019-09-12 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to cover topics such as climate change, trade and business activities, while retaining the original style and structure.

Remedies in International Human Rights Law

Author : Dinah Shelton
Publisher : Oxford University Press, USA
ISBN 13 : 0199588821
Total Pages : 513 pages
Book Rating : 4.1/5 (995 download)

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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.