Latin America And The International Court Of Justice

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Latin America and the International Court of Justice

Author : Paula Wojcikiewicz Almeida
Publisher : Taylor & Francis
ISBN 13 : 1317511360
Total Pages : 326 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Latin America and the International Court of Justice by : Paula Wojcikiewicz Almeida

Download or read book Latin America and the International Court of Justice written by Paula Wojcikiewicz Almeida and published by Taylor & Francis. This book was released on 2016-11-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

A Latin American Guide to the International Court of Justice Case Law

Author : Paula Wojcikiewicz Almeida
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443847038
Total Pages : 485 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis A Latin American Guide to the International Court of Justice Case Law by : Paula Wojcikiewicz Almeida

Download or read book A Latin American Guide to the International Court of Justice Case Law written by Paula Wojcikiewicz Almeida and published by Cambridge Scholars Publishing. This book was released on 2016-12-14 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.

International Courts in Latin America and the Caribbean

Author : Salvatore Caserta
Publisher : Oxford University Press, USA
ISBN 13 : 0198867999
Total Pages : 321 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Courts in Latin America and the Caribbean by : Salvatore Caserta

Download or read book International Courts in Latin America and the Caribbean written by Salvatore Caserta and published by Oxford University Press, USA. This book was released on 2020-10-29 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.

The Role of Courts in Transitional Justice

Author : Jessica Almqvist
Publisher : Routledge
ISBN 13 : 1136579257
Total Pages : 359 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis The Role of Courts in Transitional Justice by : Jessica Almqvist

Download or read book The Role of Courts in Transitional Justice written by Jessica Almqvist and published by Routledge. This book was released on 2013-06-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

Courts in Latin America

Author : Gretchen Helmke
Publisher : Cambridge University Press
ISBN 13 : 1139497162
Total Pages : 353 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Courts in Latin America by : Gretchen Helmke

Download or read book Courts in Latin America written by Gretchen Helmke and published by Cambridge University Press. This book was released on 2011-01-17 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do courts in Latin America protect individual rights and limit governments? This volume answers these fundamental questions by bringing together today's leading scholars of judicial politics. Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics and public support shape inter-branch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis and game theory.

Seeking Human Rights Justice in Latin America

Author : Jeffrey Davis
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.

The Latin American Casebook

Author : Juan F. Gonzalez-Bertomeu
Publisher : Routledge
ISBN 13 : 1317026195
Total Pages : 412 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Latin American Casebook by : Juan F. Gonzalez-Bertomeu

Download or read book The Latin American Casebook written by Juan F. Gonzalez-Bertomeu and published by Routledge. This book was released on 2016-04-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

The DNA of Constitutional Justice in Latin America

Author : Daniel M. Brinks
Publisher : Cambridge University Press
ISBN 13 : 1107178363
Total Pages : 281 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The DNA of Constitutional Justice in Latin America by : Daniel M. Brinks

Download or read book The DNA of Constitutional Justice in Latin America written by Daniel M. Brinks and published by Cambridge University Press. This book was released on 2018-04-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

The Judicial Sector in Latin America and the Caribbean

Author : Maria Dakolias
Publisher : World Bank Publications
ISBN 13 : 9780821336120
Total Pages : 96 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis The Judicial Sector in Latin America and the Caribbean by : Maria Dakolias

Download or read book The Judicial Sector in Latin America and the Caribbean written by Maria Dakolias and published by World Bank Publications. This book was released on 1996-01-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.

The Construction of the Customary Law of Peace

Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
ISBN 13 : 180037187X
Total Pages : 256 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Construction of the Customary Law of Peace by : Cecilia M. Bailliet

Download or read book The Construction of the Customary Law of Peace written by Cecilia M. Bailliet and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.

Law and Society in Latin America

Author : Cesar Garavito
Publisher : Routledge
ISBN 13 : 1136002405
Total Pages : 306 pages
Book Rating : 4.1/5 (36 download)

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Book Synopsis Law and Society in Latin America by : Cesar Garavito

Download or read book Law and Society in Latin America written by Cesar Garavito and published by Routledge. This book was released on 2014-09-04 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, legal thought and practice in Latin America have changed dramatically: new constitutions or constitutional reforms have consolidated democratic rule, fundamental innovations have been introduced in state institutions, social movements have turned to law to advance their causes, and processes of globalization have had profound effects on legal norms and practices. Law and Society in Latin America: A New Map offers the first systematic assessment by leading Latin American socio-legal scholars of the momentous transformations in the region. Through an interdisciplinary and comparative lens, contributors analyze the central advances and dilemmas of contemporary Latin American law. Among them are pioneering jurisprudence and legal mobilization for the fulfillment of socioeconomic rights in a highly unequal region, the rise of multicultural constitutionalism and legal struggles around identity politics, the globalization of legal education and practice, tensions between developmental policies and environmental justice, and the emergence of a regional human rights system. These and other processes have not only radically altered the institutional landscape of the region, but also produced academic and practical innovations that are of global interest and defy conventional accounts of Latin American law inherited from law-and-development studies. Painting a portrait of the new Latin American legal thought for an international audience, Law and Society in Latin America: A New Map will be of particular interest to students of comparative law, legal mobilization, and Latin American politics.

Judicial Institutions in Nineteenth-century Latin America

Author : Eduardo A. Zimmermann
Publisher : University of London Press
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Judicial Institutions in Nineteenth-century Latin America by : Eduardo A. Zimmermann

Download or read book Judicial Institutions in Nineteenth-century Latin America written by Eduardo A. Zimmermann and published by University of London Press. This book was released on 1999 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance of lawyers and jurists in the process of state-building in nineteenth-century Latin America has been widely acknowledged. This collection of essays assembles a series of studies dealing with the interaction between the legal world and the wider political, economic, social and cultural processes in which the transition from colonial status to independent nationhood took place. Rather than viewing this transition as a radical transformation of judicial institutions and practices, emphasis has been put upon the continuities between those two phases. The chapters range from general overviews of both colonial and republican Spanish America to more detailed case studies of Mexico, Brazil and Argentina. contributors include: Linda Arnold, Virginia Tech; Osvaldo Barreneche, Universidad Nacional de la Plata, Argentina; Charles R. Cutter, Purdue University; Thomas H. Holloway, Cornell University; Victor M. Uribe, Florida International University.

Law and Policy in Latin America

Author : Pedro Fortes
Publisher : Springer
ISBN 13 : 1137566949
Total Pages : 354 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis Law and Policy in Latin America by : Pedro Fortes

Download or read book Law and Policy in Latin America written by Pedro Fortes and published by Springer. This book was released on 2016-12-21 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.

A Sense of Justice

Author : Sandra Brunnegger
Publisher : Stanford University Press
ISBN 13 : 0804799113
Total Pages : 241 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis A Sense of Justice by : Sandra Brunnegger

Download or read book A Sense of Justice written by Sandra Brunnegger and published by Stanford University Press. This book was released on 2016-06-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout Latin America, the idea of "justice" serves as the ultimate goal and rationale for a wide variety of actions and causes. In the Chilean Atacama Desert, residents have undertaken a prolonged struggle for their right to groundwater. Family members of bombing victims in Buenos Aires demand that the state provide justice for the attack. In Colombia, some victims of political violence have turned to the courts for resolution, while others reject the state's ability to fairly adjudicate their grievances and have constructed a non-state tribunal. In each of these examples, the protagonists seek one main thing: justice. A Sense of Justice ethnographically explores the complex dynamics of justice production across Latin America. The chapters examine (in)justice as it is lived and imagined today and what it means for those who claim and regulate its parameters, including the Brazilian police force, the Permanent Peoples' Tribunal in Colombia, and the Argentine Supreme Court. Inextricable as "justice" is from inequality, violence, crime, and corruption, it emerges through memory, in space, and where ideals meet practical limitations. Ultimately, the authors show how understanding the dynamic processes of constructing justice is essential to creating cooperative rather than oppressive forms of law.

The Difficult Task of Peace

Author : Francisco Rojas Aravena
Publisher : Springer Nature
ISBN 13 : 3030219747
Total Pages : 320 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis The Difficult Task of Peace by : Francisco Rojas Aravena

Download or read book The Difficult Task of Peace written by Francisco Rojas Aravena and published by Springer Nature. This book was released on 2019-09-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a holistic view on the topics of peace and conflict, peace education, international relations and regional studies during the end of the second decade of the twenty-first century. It collects the studies, experience and analysis of faculty members of the University for Peace presented in three sections: regional and institutional outlook, and common challenges and interventions. Some of the topics in this book include the complex concept of peace; governance and security in Africa; peace and conflict in the Middle East; maritime security conflicts in South China Sea, the European Union in a multipolar world, religious fundamentalism and violent extremism; food security, climate change; and participatory action research in the culture of peace. Scholars, capacity building trainers, policy makers, politicians, lawyers, and individuals interested in international affairs among others might find in this book a diverse academic source for further analysis in their respective fields.

Judicial Reform in Latin America

Author : Edgardo Buscaglia
Publisher : Hoover Institution Press
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judicial Reform in Latin America by : Edgardo Buscaglia

Download or read book Judicial Reform in Latin America written by Edgardo Buscaglia and published by Hoover Institution Press. This book was released on 1995 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essay on the need for a well functioning judiciary system in Latin America.

International Court Authority

Author : Mikael Rask Madsen
Publisher : Oxford University Press
ISBN 13 : 0192515039
Total Pages : 450 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis International Court Authority by : Mikael Rask Madsen

Download or read book International Court Authority written by Mikael Rask Madsen and published by Oxford University Press. This book was released on 2018-06-21 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.