Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443868531
Total Pages : 250 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes by : Farhad Malekian

Download or read book Prohibition of Sexual Exploitation of Children Constituting Obligation Erga Omnes written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2014-10-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst the value of human integrity within the laws of individual states and the documents of international human rights is being increasingly consolidated and will become, sooner or later, the primary concern of the law, severe breaches of this value are indeed still widespread. In particular the sexual exploitation of children constitutes one of the most serious questions of national, regional, transnational and international law. According to international records, every fifteen seconds a child is raped in Africa alone. Almost half of the cases heard by the ICTY concern the sexual exploitation of women and children during armed conflict. More or less similar conclusions may be reached regarding the ICTR or the SCSL. In Rwanda alone, 500,000 females were raped. Almost 200,000 females and children have been the victims of cruel forms of sexual violence during the conflicts in Congo. Sexual abuse of children by priests cannot any longer be concealed in Australia, Belgium, Canada, Germany, France, Ireland, Mexico, the United Kingdom, and the United States, although it is ignored in most Islamic countries. The sexual exploitation of children is also widely practised in many other countries. Regrettably, 79% of all world trafficking is for sexual exploitation. The principal subject matter of this book is the legal etymology of sexual exploitation governing minors. The aim is to identify and analyse jus cogens and obligation erga omnes in relation to the sexual exploitation of children and to evaluate the international responsibility of states in relation to the elimination or prevention of the crime, and the prosecution and punishment of offenders.

Jurisprudence of International Criminal Justice

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443863238
Total Pages : 808 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Jurisprudence of International Criminal Justice by : Farhad Malekian

Download or read book Jurisprudence of International Criminal Justice written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2014-06-30 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction written by Professor Benjamin B Ferencz This challenging volume examines the jurisprudence of international criminal justice from various points of view. The philosophy of justice may vary from time to time and from nation to nation, depending on prevailing attitudes towards the substantive rules which deal, in one way or another, with cultural norms. In the national and international area, the principles of criminal justice have a key role in examining the scope of the most serious violations of international criminal law. It is on the basis of appropriate judgment that these principles may be accumulated and achieved for the future conduct of man. This volume, therefore, examines the principles and dimensions of the constitutions of various international criminal tribunals/courts, with particular focus on the Statute of the International Criminal Court (ICC). As such, the volume offers a comprehensive evaluation of the rule of law and criminal justice and their legal tasks within the complementarity system of international criminal jurisprudence. The volume emphasises the prosecution and punishment of all those who may successfully escape from the proceedings of national and international criminal courts because of their juridical, political, religious, economic or military power. It demands the implementation of international law of jus cogens. The provisions of the Statute should not be deduced in contradiction to the norms from which no derogation is possible, such as prohibitions governing crimes against humanity, torture, apartheid, rape, war crimes, genocide and aggression. If the value of the task of the Court is to be realised by the majority of states in the international community, the cycle of impunity has to be abolished in the case of all states, including the five permanent members of the Security Council of the United Nations.

Allegation by Political Laundering

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527520560
Total Pages : 168 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Allegation by Political Laundering by : Farhad Malekian

Download or read book Allegation by Political Laundering written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-10-29 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Julian Assange case reminds us of the well-known Scandinavian narrative, Keiserens Nye klæder (The Emperor’s New Clothes). Once upon a time, two tailors weaved new clothes for an emperor. They claimed they used a magic fabric that apparently less talented people could not see. In reality, they wove nothing; they had no loom at all. However, they pretended with gestures of the hand that the loom was active. No one wanted to be the less gifted person, so everyone lied and confirmed the clothes were progressing. The emperor finally put on the magic clothes and marched naked around the capital city with the members of his entourage holding the magic train. Unexpectedly, a guiltless little child, shouted out with a confident voice “Men han har jo ikke noget paa” (“But he doesn’t have anything on!”). The emperor knew the child was right, but decided he must bear it until the procession was over. Human rights or international criminal justice is not simply hocus-pocus, but it seems to be so in the case of Assange, who has enlightened the world population about the hidden criminal political laundering of the big, powerful states. This book explores the propensity towards evil in the nature of collective entities based on political and economic gains against the international community as a whole. It underlines that immoral criminal political laundering is the basic reason for money laundries throughout the globe.

The Mirage of International Criminal Law

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 152751790X
Total Pages : 227 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Mirage of International Criminal Law by : Farhad Malekian

Download or read book The Mirage of International Criminal Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-10-01 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores, from various perspectives, Kant’s codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant’s reference to the term ‘propensity to evil in human nature’ is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a ‘mirage’. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

Corpus Juris of Islamic International Criminal Justice

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527516938
Total Pages : 769 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Corpus Juris of Islamic International Criminal Justice by : Farhad Malekian

Download or read book Corpus Juris of Islamic International Criminal Justice written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-09-30 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.

Classical Morality in International Peremptory Criminal Law

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527518264
Total Pages : 350 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Classical Morality in International Peremptory Criminal Law by : Farhad Malekian

Download or read book Classical Morality in International Peremptory Criminal Law written by Farhad Malekian and published by Cambridge Scholars Publishing. This book was released on 2018-10-09 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

Environment, Human Rights and International Trade

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731239X
Total Pages : 392 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Environment, Human Rights and International Trade by : Francesco Francioni

Download or read book Environment, Human Rights and International Trade written by Francesco Francioni and published by Bloomsbury Publishing. This book was released on 2001-07-13 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO,the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consquence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process, addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labour rights, child labour standards, the EU and WTO, MERCOSUR, and many other topics. The contributors include: Thomas Schoenbaum, Andrea Bianchi, Chris McCrudden, Michael Spence, Sarah Cleveland, Patricia Hansen, Riccardo Pavoni, and Francesco Francioni.

The Trafficking of Children

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Publisher : Springer Nature
ISBN 13 : 3031235665
Total Pages : 372 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis The Trafficking of Children by : Elizabeth A. Faulkner

Download or read book The Trafficking of Children written by Elizabeth A. Faulkner and published by Springer Nature. This book was released on 2023-04-10 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenon of child trafficking holds a unique position as an issue of significant contemporary relevance, occupying a principal place in debates about human rights today. The interchangeable terms trafficking and modern slavery evoke emotive responses and proclamations about abolition of contemporary ills, viewed as the ultimate aberration when a child is involved. The classification of children under legal frameworks marks them as different, as ‘other’, and in the context of laws implemented to address trafficking, slavery, and children on the move more generally, this distinction is complicated. This book charts the emergence, decline and re-emergence of child trafficking law and policy during the twentieth and twenty-first centuries. It provides a systematic and comprehensive overview of the historical origins of child trafficking by utilising the wealth of information located within the non-digitised archives of the League of Nations. It focusses upon the Committee on the Traffic in Women and Children to engage with League of Nations policy to provide an insightful and original contribution to the current body of literature. This is a book that seeks to critique the entanglements of children’s rights and colonialism in relation to the mobility and exploitation of children. It centralises the legacy of colonialism, the undercurrents of race, white supremacy, patriarchy, and their ongoing influence upon contemporary anti-trafficking legal and policy responses. Through utilizing what the author identifies as the ‘anti-trafficking machine’ as a theoretical framework, the book challenges contemporary law and policy responses to child trafficking. This theoretical framework has been adopted to illustrate a central hypothesis of the book – that the contemporary anti-trafficking agenda is both imperialist and a continuity of colonial attitudes.

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

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Publisher : BRILL
ISBN 13 : 9004300759
Total Pages : 481 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis 'Boat Refugees' and Migrants at Sea: A Comprehensive Approach by : Violeta Moreno-Lax

Download or read book 'Boat Refugees' and Migrants at Sea: A Comprehensive Approach written by Violeta Moreno-Lax and published by BRILL. This book was released on 2016-11-17 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

Routledge Handbook of Transnational Criminal Law

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Publisher : Routledge
ISBN 13 : 1135043655
Total Pages : 458 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Routledge Handbook of Transnational Criminal Law by : Neil Boister

Download or read book Routledge Handbook of Transnational Criminal Law written by Neil Boister and published by Routledge. This book was released on 2014-10-10 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Certain types of crime are increasingly being perpetrated across national borders and require a unified regional or global response to combat them. Transnational criminal law covers both the international treaty obligations which require States to introduce specific substantive measures into their domestic criminal law schemes, and an allied procedural dimension concerned with the articulation of inter-state cooperation in pursuit of the alleged transnational criminal. The Routledge Handbook of Transnational Criminal Law provides a comprehensive overview of the system which is designed to regulate cross border crime. The book looks at the history and development of the system, asking questions as to the principal purpose and effectiveness of transnational criminal law as it currently stands. The book brings together experts in the field, both scholars and practitioners, in order to offer original and forward-looking analyses of the key elements of the transnational criminal law. The book is split into several parts for ease of reference: Fundamental concepts surrounding the international regulation of transnational crime. Procedures for international cooperation against alleged transnational criminals including jurisdiction, police cooperation, asset recovery and extradition. Substantive crimes covered by transnational criminal law analysing the current legal provisions for each crime. The implementation of transnational criminal law and the effectiveness of the system of transnational criminal law. With chapters from over 25 authorities in the field, this handbook will be an invaluable reference work for student and academics and for policy makers with an interest in transnational criminal law.

Protecting Vulnerable Groups

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782256148
Total Pages : 388 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Protecting Vulnerable Groups by : Francesca Ippolito

Download or read book Protecting Vulnerable Groups written by Francesca Ippolito and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.

The Yale Journal of International Law

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Publisher :
ISBN 13 :
Total Pages : 600 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis The Yale Journal of International Law by :

Download or read book The Yale Journal of International Law written by and published by . This book was released on 2001 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fundamental Rules of the International Legal Order

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Publisher : BRILL
ISBN 13 : 9004149813
Total Pages : 483 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Fundamental Rules of the International Legal Order by : Christian Tomuschat

Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

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Publisher : Cambridge University Press
ISBN 13 : 1316828646
Total Pages : 641 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations by : Michael N. Schmitt

Download or read book Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2017-02-02 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Gender and International Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0198871589
Total Pages : 497 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Gender and International Criminal Law by : Indira Rosenthal

Download or read book Gender and International Criminal Law written by Indira Rosenthal and published by Oxford University Press. This book was released on 2022-07-14 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.

UN Security Council Referrals to the International Criminal Court

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Publisher : BRILL
ISBN 13 : 9004342214
Total Pages : 278 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis UN Security Council Referrals to the International Criminal Court by : Alexandre Skander Galand

Download or read book UN Security Council Referrals to the International Criminal Court written by Alexandre Skander Galand and published by BRILL. This book was released on 2018-11-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.

Global Justice, State Duties

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Publisher : Cambridge University Press
ISBN 13 : 1107012775
Total Pages : 497 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Global Justice, State Duties by : Malcolm Langford

Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.