The Right to The Truth in International Law

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Author :
Publisher : Routledge
ISBN 13 : 1317335082
Total Pages : 287 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Right to The Truth in International Law by : Melanie Klinkner

Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2019-07-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

The Right to Truth in International Human Rights Law

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Author :
Publisher : Editora Dialética
ISBN 13 : 6559567168
Total Pages : 336 pages
Book Rating : 4.5/5 (595 download)

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Book Synopsis The Right to Truth in International Human Rights Law by : Julia Kertesz

Download or read book The Right to Truth in International Human Rights Law written by Julia Kertesz and published by Editora Dialética. This book was released on 2021-05-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book addresses the right to truth in the field of international human rights law. The objective is to verify the outlines of this right that make it unique, and which justify its own (disputable) existence in the human rights scenario as a legally binding norm. Departing from a historical perspective of the emergence of this right in International Law, the intent is to analyze the multiple debates that have marked the development of the right to truth throughout the past decades. It is explored, therefore, how the a priori abstract notion of truth became a right and the strict relation this has with the social mobilizations of victims of gross violations of human rights. To accomplish this, the book spans across the struggle, in particular, of the relatives of disappeared victims during the 1970's and 1980's when the dictatorships reigned in Latin America. It follows on the expansion of the right to truth during what has been known as the fight against impunity, until it reaches the main human rights courts. To finalize, it discusses the inclusion of the right to truth in the International Convention on the Protection of All Persons from Enforced Disappearance and the measures more commonly used to realize such right. In the book, it is concluded that the right to truth carries a singularity that is crucial for the protection of victims of gross human rights violations.

Doing Peace the Rights Way

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Publisher :
ISBN 13 : 9781780683546
Total Pages : 0 pages
Book Rating : 4.6/5 (835 download)

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Book Synopsis Doing Peace the Rights Way by : François J. Larocque

Download or read book Doing Peace the Rights Way written by François J. Larocque and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays addresses the most pressing contemporary issues in international law and relations. The authors are leading experts and renowned actors on the international stage or in national jurisdictions.

The Twilight of Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0199313466
Total Pages : 219 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Twilight of Human Rights Law by : Eric Posner

Download or read book The Twilight of Human Rights Law written by Eric Posner and published by Oxford University Press. This book was released on 2014-10-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

The Oxford Handbook of International Criminal Law

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Publisher : Oxford University Press
ISBN 13 : 0192558897
Total Pages : 896 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Criminal Law by : Darryl Robinson

Download or read book The Oxford Handbook of International Criminal Law written by Darryl Robinson and published by Oxford University Press. This book was released on 2020-02-24 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.

Truth Claims

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Publisher : Rutgers University Press
ISBN 13 : 9780813530529
Total Pages : 300 pages
Book Rating : 4.5/5 (35 download)

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Book Synopsis Truth Claims by : Mark Bradley

Download or read book Truth Claims written by Mark Bradley and published by Rutgers University Press. This book was released on 2002 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exhibiting Terror: Lindsay French

International Human Rights Law and Practice

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Publisher : Cambridge University Press
ISBN 13 : 1009306383
Total Pages : 1033 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis International Human Rights Law and Practice by : Ilias Bantekas

Download or read book International Human Rights Law and Practice written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2024-02-15 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.

Seeking Human Rights Justice in Latin America

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Publisher : Cambridge University Press
ISBN 13 : 0521514363
Total Pages : 257 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Seeking Human Rights Justice in Latin America by : Jeffrey Davis

Download or read book Seeking Human Rights Justice in Latin America written by Jeffrey Davis and published by Cambridge University Press. This book was released on 2014 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.

Law and Memory

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Publisher : Cambridge University Press
ISBN 13 : 110718875X
Total Pages : 461 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Law and Memory by : Uladzislau Belavusau

Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.

International Human Rights Law

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Publisher : University of Pennsylvania Press
ISBN 13 : 9780812240320
Total Pages : 452 pages
Book Rating : 4.2/5 (43 download)

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Book Synopsis International Human Rights Law by : David S. Weissbrodt

Download or read book International Human Rights Law written by David S. Weissbrodt and published by University of Pennsylvania Press. This book was released on 2007 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics.

Anti-Impunity and the Human Rights Agenda

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Publisher : Cambridge University Press
ISBN 13 : 110707987X
Total Pages : 401 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Anti-Impunity and the Human Rights Agenda by : Karen Engle

Download or read book Anti-Impunity and the Human Rights Agenda written by Karen Engle and published by Cambridge University Press. This book was released on 2016-12-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.

The right to a remedy and to reparation for gross human rights violations : a practitioners' guide

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Publisher :
ISBN 13 : 9789290371069
Total Pages : 0 pages
Book Rating : 4.3/5 (71 download)

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Book Synopsis The right to a remedy and to reparation for gross human rights violations : a practitioners' guide by : Cordula Dröge

Download or read book The right to a remedy and to reparation for gross human rights violations : a practitioners' guide written by Cordula Dröge and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Business, Human Rights and Transitional Justice

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Author :
Publisher : Routledge
ISBN 13 : 1000066061
Total Pages : 240 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Business, Human Rights and Transitional Justice by : Irene Pietropaoli

Download or read book Business, Human Rights and Transitional Justice written by Irene Pietropaoli and published by Routledge. This book was released on 2020-05-07 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the efficacy of transitional justice mechanisms in response to corporate human rights abuses. Corporations and other business enterprises often operate in countries affected by conflict or repressive regimes. As such, they may become involved in human rights violations and crimes under international law ‒ either as the main perpetrators or as accomplices by aiding and abetting government actors. Transitional justice mechanisms, such as trials, truth commissions, and reparations, have usually focused on abuses by state authorities or by non-state actors directly connected to the state, such as paramilitary groups. Innovative transitional justice mechanisms have, however, now started to address corporate accountability for human rights abuses and crimes under international law and have attempted to provide redress for victims. This book analyzes this development, assessing how transitional justice can provide remedies for corporate human rights abuses and crimes under international law. Canvassing a broad range of literature relating to international criminal law mechanisms, regional human rights systems, domestic courts, truth and reconciliation commissions, and land restitution programmes, this book evaluates the limitations and potential of each mechanism. Acknowledging the limited extent to which transitional justice has been able to effectively tackle the role of corporations in human rights violations and international crimes, this book nevertheless points the way towards greater engagement with corporate accountability as part of transitional justice. A valuable contribution to the literature on transitional justice and on business and human rights, this book will appeal to scholars, researchers and PhD students in these areas, as well as lawyers and other practitioners working on corporate accountability and transitional justice.

Adjudicating International Human Rights

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004261184
Total Pages : 251 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Adjudicating International Human Rights by : James A. Green

Download or read book Adjudicating International Human Rights written by James A. Green and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.

International Law of Victims

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Publisher : Springer Science & Business Media
ISBN 13 : 3642281400
Total Pages : 279 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis International Law of Victims by : Carlos Fernández de Casadevante Romani

Download or read book International Law of Victims written by Carlos Fernández de Casadevante Romani and published by Springer Science & Business Media. This book was released on 2012-07-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

The Right to Reparation in International Law for Victims of Armed Conflict

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Publisher : Cambridge University Press
ISBN 13 : 1107019974
Total Pages : 299 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Right to Reparation in International Law for Victims of Armed Conflict by : E. Christine Evans

Download or read book The Right to Reparation in International Law for Victims of Armed Conflict written by E. Christine Evans and published by Cambridge University Press. This book was released on 2012-06-28 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.

The Law of International Human Rights Protection

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Publisher : Oxford University Press, USA
ISBN 13 : 0198825684
Total Pages : 641 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Law of International Human Rights Protection by : Walter Kälin

Download or read book The Law of International Human Rights Protection written by Walter Kälin and published by Oxford University Press, USA. This book was released on 2019-08-29 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.