Strategic Human Rights Litigation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921990
Total Pages : 328 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Strategic Human Rights Litigation by : Helen Duffy

Download or read book Strategic Human Rights Litigation written by Helen Duffy and published by Bloomsbury Publishing. This book was released on 2018-09-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Strategic Human Rights Litigation

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921982
Total Pages : 328 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Strategic Human Rights Litigation by : Helen Duffy

Download or read book Strategic Human Rights Litigation written by Helen Duffy and published by Bloomsbury Publishing. This book was released on 2018-09-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Strategic Human Rights Litigation

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Author :
Publisher :
ISBN 13 : 9781509922000
Total Pages : 308 pages
Book Rating : 4.9/5 (22 download)

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Book Synopsis Strategic Human Rights Litigation by : Helen Duffy (Law teacher)

Download or read book Strategic Human Rights Litigation written by Helen Duffy (Law teacher) and published by . This book was released on with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies ʻstrategicallyʼ to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ʻwar on terrorʼ; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future"--

Human Rights

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Publisher : Oxford University Press, USA
ISBN 13 : 0198706162
Total Pages : 217 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Human Rights by : Andrew Clapham

Download or read book Human Rights written by Andrew Clapham and published by Oxford University Press, USA. This book was released on 2015 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.

Transnational Legal Activism in Global Value Chains

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Publisher : Springer Nature
ISBN 13 : 3030738353
Total Pages : 340 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Transnational Legal Activism in Global Value Chains by : Miriam Saage-Maaß

Download or read book Transnational Legal Activism in Global Value Chains written by Miriam Saage-Maaß and published by Springer Nature. This book was released on 2021-08-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.

Tax, Inequality, and Human Rights

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Publisher : Oxford University Press
ISBN 13 : 0190882255
Total Pages : 496 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Tax, Inequality, and Human Rights by : Philip G. Alston

Download or read book Tax, Inequality, and Human Rights written by Philip G. Alston and published by Oxford University Press. This book was released on 2019-04-11 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, Human Rights and Tax in an Unequal World brings together works by human rights and tax law experts, to illustrate the linkages between the two fields and to reveal their mutual relevance in tackling economic, social, and political inequalities. Against the backdrop of systemic corporate tax avoidance, the widespread use of tax havens, persistent pressures to embrace austerity policies, and growing gaps between the rich and poor, this book encourages readers to understand fiscal policy as human rights policy, with profound consequences for the wellbeing of citizens around the world. The essays collected examine where the foundational principles of tax law and human rights law intersect and diverge; discuss the cross-border nature and human rights impacts of abusive practices like tax avoidance and evasion; question the role of states in bringing transparency and accountability to tax policies and practices; highlight the responsibility of private sector actors for the consequences of tax laws; and critically evaluate certain domestic tax rules through the lens of equality and non-discrimination. The contributing scholars and practitioners explore how an international human rights framework can anchor debates around international tax reform and domestic fiscal consolidation in existing state obligations. They address what human rights law requires of state tax policies, and what a state's tax laws and loopholes mean for the enjoyment of human rights within and outside its borders. Ultimately, tax and human rights both turn on the relationship between the individual and the state, and thus both fields face crises as the social contract frays and populist, illiberal regimes are on the rise.

Human Rights Litigation Against Multinationals in Practice

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Publisher : Oxford University Press
ISBN 13 : 0198866224
Total Pages : 385 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Human Rights Litigation Against Multinationals in Practice by : Richard Meeran

Download or read book Human Rights Litigation Against Multinationals in Practice written by Richard Meeran and published by Oxford University Press. This book was released on 2021 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.

Strategic Litigation Impacts: Insights from Global Experience

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Publisher :
ISBN 13 : 9781940983844
Total Pages : pages
Book Rating : 4.9/5 (838 download)

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Book Synopsis Strategic Litigation Impacts: Insights from Global Experience by : open society justice initiative

Download or read book Strategic Litigation Impacts: Insights from Global Experience written by open society justice initiative and published by . This book was released on 2018-10-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical look at human rights litigation

Business and Human Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509928049
Total Pages : 261 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Business and Human Rights by : Dalia Palombo

Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Hate Speech in Japan

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Publisher : Cambridge University Press
ISBN 13 : 1108483992
Total Pages : 525 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Hate Speech in Japan by : Yuji Nasu

Download or read book Hate Speech in Japan written by Yuji Nasu and published by Cambridge University Press. This book was released on 2021-01-28 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.

Power, Suffering, and the Struggle for Dignity

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812247744
Total Pages : 336 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Power, Suffering, and the Struggle for Dignity by : Alicia Ely Yamin

Download or read book Power, Suffering, and the Struggle for Dignity written by Alicia Ely Yamin and published by University of Pennsylvania Press. This book was released on 2016-01-07 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power, Suffering, and the Struggle for Dignity provides a solid foundation for comprehending what a human rights framework implies and the potential for greater justice in health it entails.

The Inter-American Human Rights System

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Publisher : Palgrave Macmillan
ISBN 13 : 9783319894584
Total Pages : 340 pages
Book Rating : 4.8/5 (945 download)

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Book Synopsis The Inter-American Human Rights System by : Par Engstrom

Download or read book The Inter-American Human Rights System written by Par Engstrom and published by Palgrave Macmillan. This book was released on 2018-07-16 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.

Litigating Health Rights

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Publisher : Harvard University Press
ISBN 13 : 0986106208
Total Pages : pages
Book Rating : 4.9/5 (861 download)

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Book Synopsis Litigating Health Rights by : Alicia Ely Yamin

Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2011-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Strategic Litigation Manual

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Publisher : Djusticia
ISBN 13 : 9585597632
Total Pages : 91 pages
Book Rating : 4.5/5 (855 download)

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Book Synopsis Strategic Litigation Manual by : Eslava, Gabriela

Download or read book Strategic Litigation Manual written by Eslava, Gabriela and published by Djusticia. This book was released on 2021-03-30 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategic Litigation Manual: From Theory to Practice, Lessons from Colombia and Lebanon” aims to address every step of the process of strategic litigation. The first part discusses how to select a strategic case and its components; followed by part two, which provides practical insights on the litigation itself; and the part three explores the post-decision phase. In that sense, the manual contains ten key steps that should be developed in a human rights litigation strategy. These steps include identifying the injustice to be remedied, envisioning the goal, developing a legal strategy, selecting the parties, assessing risks and resources, collecting evidence, developing legal arguments, building an outreach strategy, ensuring that a win is effective or investing in a loss and, learning and retooling. The manual presents a theoretical conception of each of these steps, followed by an illustration of real case examples gathered from the litigation experience of Dejusticia and The Legal Agenda, allowing the reader to understand strategic litigation in theory and practice. This model is not meant to be prescriptive and it is based in our practice on litigation. It is intended to be used as a toolkit to be improved upon with lessons learned from every case. As learning is a key pillar of this model, we encourage readers to retool the model and keep improving it with each new case they pursue.

Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0190900865
Total Pages : 969 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Doctrine, Practice, and Advocacy in the Inter-American Human Rights System by : James L. Cavallaro

Download or read book Doctrine, Practice, and Advocacy in the Inter-American Human Rights System written by James L. Cavallaro and published by Oxford University Press, USA. This book was released on 2019 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.

International Trade Law

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Publisher : Aspen Publishing
ISBN 13 : 1454877472
Total Pages : 948 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis International Trade Law by : Joost H.B. Pauwelyn

Download or read book International Trade Law written by Joost H.B. Pauwelyn and published by Aspen Publishing. This book was released on 2016-05-22 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of leading scholar/practitioners including a former Appellate Body member, PhD economist and former WTO Secretariat Lawyer, International Trade Law covers all aspects of WTO law. Appropriate for a two- to three-hour international trade course, the third edition covers trade in goods, services, and intellectual property, in 22 succinct chapters of around 30 pages, carefully excerpting leading cases, providing basic introductions, probing questions and real life problems. This book balances positive and normative perspectives, mixing legal texts and panel/Appellate Body decisions with analysis of economic and policy challenges faced by the international trading system. The Third Edition has been updated to include recent political and economic events, issues and policy debates, and supplements new developments in case law with additional questions and a revised Teacher’s Manual. Hallmark features of International Trade Law: • Prepared by three leading WTO scholars – providing a balanced international and methodological perspective • Up-to-date, discriminating case selection presents both classic cases and recent doctrine • Contextualizes international trade issues with insights into key economic factors at work • Key WTO cases are edited and presented to illustrate and teach central concepts and doctrine • Illuminating introductory and explanatory material throughout • Helpful summaries of key teaching points are included in each chapter • Well-crafted questions stimulate class discussion on policy issues • Manageable length for two- and three-credit courses • Adaptable to graduate-level courses in international trade • Comprehensive Teachers Manual with answers to questions as well as teaching suggestions, tips, and supplementary material appropriate for class discussion • Complemented by a thorough and up-to-date documents supplement The Third Edition has been revised to include: • Third author added: Jennifer Hillman, former member of the WTO Appellate Body and the US International Trade Commission, now Professor at Georgetown Law • Major revision of trade remedy chapters (dumping, subsidies, safeguards) with new hands-on practical problems • Completely revised chapter on technical barriers to trade (TBT) taking account of new jurisprudence post-2012 (US – Clove Cigarettes, US - Tuna II, US – COOL, EC – Seal) • New text on post-2008 trade collapse, global value chains • Updated statistics on WTO dispute settlement, free trade agreements, developing countries • Discussion of 2015 US Trade Promotion Authority, mega-regionals including TPP and TTIP, 2014 Trade Facilitation Agreement • Includes summaries of new, major cases such as Canada – Feed-in Tariff, EC – Seal, Peru – Agricultural Products, China – Rare Earths

Demanding Rights

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Publisher : Cambridge University Press
ISBN 13 : 1108496490
Total Pages : 207 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Demanding Rights by : Moritz Baumgärtel

Download or read book Demanding Rights written by Moritz Baumgärtel and published by Cambridge University Press. This book was released on 2019-05-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.