Mirages Of International Justice

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Mirages of International Justice

Author : Matthew Parish
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931180
Total Pages : 289 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Mirages of International Justice by : Matthew Parish

Download or read book Mirages of International Justice written by Matthew Parish and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War there has been an explosion of international courts and tribunals that sit apart from domestic legal systems, yet they are often woefully inadequate for their stated purposes. This book explores common problems across these courts, and applies a constructivist theory of international relations to explain their operation. Often established by states as signals of their commitment to moral values and political ideology, once created these courts find themselves trapped between the interests of the Great Powers. Some endure irrelevance, their judgements ignored. Yet more are unusably slow. Still others exhibit demonstrable political bias. Their common failings suggest that international law is not nearly as robust as it claims. The author skilfully shows that international courts are a species of international organisation, and share the same challenges of bureaucracy and unaccountability as have plagued the United Nations. Mirages of International Justice will be of particular interest to scholars and practitioners interested in critiques of the European Court of Human Rights, the World Trade Organisation, investment treaty arbitration, the EU courts, the international criminal courts, the International Court of Justice and public international law in general. Students of international relations and advocates for reform of international organisations will also learn much from this insightful study.

The Mirage of International Criminal Law

Author : Farhad Malekian
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.

Mirage of Police Reform

Author : Robert E. Worden
Publisher : Univ of California Press
ISBN 13 : 0520292413
Total Pages : 268 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Mirage of Police Reform by : Robert E. Worden

Download or read book Mirage of Police Reform written by Robert E. Worden and published by Univ of California Press. This book was released on 2017-05-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. In the United States, the exercise of police authority—and the public’s trust that police authority is used properly—is a recurring concern. Contemporary prescriptions for police reform hold that the public would better trust the police and feel a greater obligation to comply and cooperate if police-citizen interactions were marked by higher levels of procedural justice by police. In this book, Robert E. Worden and Sarah J. McLean argue that the procedural justice model of reform is a mirage. From a distance, procedural justice seemingly offers a relief from strained police-community relations. But a closer look at police organizations and police-citizen interactions shows that the relief offered by such reform is, in fact, illusory.

Encyclopedia of Global Justice

Author : Deen K. Chatterjee
Publisher : Springer Science & Business Media
ISBN 13 : 1402091591
Total Pages : 1213 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis Encyclopedia of Global Justice by : Deen K. Chatterjee

Download or read book Encyclopedia of Global Justice written by Deen K. Chatterjee and published by Springer Science & Business Media. This book was released on 2011 with total page 1213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.

The Mirage of Dignity on the Highways of Human ‘Progress’

Author : Lukman Harees
Publisher : AuthorHouse
ISBN 13 : 1467007730
Total Pages : 781 pages
Book Rating : 4.4/5 (67 download)

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Book Synopsis The Mirage of Dignity on the Highways of Human ‘Progress’ by : Lukman Harees

Download or read book The Mirage of Dignity on the Highways of Human ‘Progress’ written by Lukman Harees and published by AuthorHouse. This book was released on 2012-01-16 with total page 781 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Modern Man is hypocritically boasting of unprecedented material progress in a world , where ,inter-alia millions daily go to bed hungry, die or get killed through unwanted wars and preventable causes, live in inhumane conditions , vulnerable being exploited , with ever widening inequality , and might still ruling over right in international relations, even in the post UDHR era! an indictment on the collective conscience of mankind. Besides, the flame of materialism has been devouring time tested moral values, causing chaos within the basic unit in society- the family and relegating Man and his dignity to the level of animals and even manipulating his identity. Therefore questions arise: Is Moral law fading ; are political/economic systems and institutions like UN failing in realizing the lofty goal of affording due dignity , basic rights and social justice humanity deserves? Can the bystanders be mere onlookers anymore? This book seeks to dispassionately survey the yawning gap between the rhetoric and the ground reality in bringing about dignity and social justice for humanity from bystanders perspective in the light of these questions and underlines the imperative need for moral progress to go hand in hand to make Man assume his due role as the trustee on earth. It also exhorts bystanders to close ranks as human- dignity champions, rights defenders, identity protectors- against onslaughts from power hungry politicians, mighty powers and vested interests. This is the need of the times and what our future progeny demands.

The Mirage of Peace

Author : David Aikman
Publisher : Baker Books
ISBN 13 : 144122355X
Total Pages : 280 pages
Book Rating : 4.4/5 (412 download)

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Book Synopsis The Mirage of Peace by : David Aikman

Download or read book The Mirage of Peace written by David Aikman and published by Baker Books. This book was released on 2011-08-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Morning headlines announce renewed violence and fresh calls for peace negotiations, while pundits on talk radio and cable TV shout conflicting opinions at anyone who will listen. Between perplexing contradictions and inflammatory rhetoric, it is often difficult to find out what's really going on in the Middle East. Former TIME magazine Jerusalem bureau chief David Aikman, who has spent decades reporting on Mid-East issues, takes a sober, balanced look at a region aflame. He brings a journalist's mind and a believer's heart to his exploration of the political and religious factors in play, and goes beyond the media's chronic oversimplification to carefully examine recent history and the leaders who have made that history. Aikman turns a critical eye on the policies of the region's prime players, resorting neither to blind pro-Israeli sentiment nor to reactionary pro-Palestinian bias. He challenges fellow Christians to a similar approach to the Middle East: respect, reason, and love, rather than unqualified tolerance on the one hand or religious crusading on the other. Discover the truth behind the headlines: God's restoring hand is at work in a region of the world torn apart by centuries of strife.

Law in Politics, Politics in Law

Author : David Feldman
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252827
Total Pages : 294 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law in Politics, Politics in Law by : David Feldman

Download or read book Law in Politics, Politics in Law written by David Feldman and published by Bloomsbury Publishing. This book was released on 2013-12-05 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

Retreating from the Mirage of Multi-Culturalism?

Author : Raphael Israeli
Publisher : Strategic Book Publishing & Rights Agency
ISBN 13 : 1948858622
Total Pages : 396 pages
Book Rating : 4.9/5 (488 download)

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Book Synopsis Retreating from the Mirage of Multi-Culturalism? by : Raphael Israeli

Download or read book Retreating from the Mirage of Multi-Culturalism? written by Raphael Israeli and published by Strategic Book Publishing & Rights Agency. This book was released on 2018 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government strategies for immigration in the Western world are changing. This follows decades in which the West enthusiastically embraced a policy of multiculturalism, hoping to integrate the critical mass of Muslim immigrants arriving in Europe. Some have come in search of economic opportunity; others are legitimate political refugees fleeing tyranny, oppression, and persecution. Multiculturalism, however, became an ideology so deeply and wholly adopted by certain Western governments, as to trigger processes of separatism instead of integration, while efforts to accord citizenship and facilitate assimilation have instead created undercurrents of revivalist Islam. The resulting policy has deteriorated into anger and frustration, leading some new immigrants to support terrorism against their host countries, and to participate in planning and initiating acts of violence in Britain, Spain, France, Germany, and Belgium. In view of this, some host countries have begun to rethink the benefits of multi-culturalism, adjusting to a new policy seeking the integration of Muslim minorities, not through recognizing and cultivating their separate identities, but through imposing the dominating culture of the adopted country. Case studies include Holland, Britain, and Israel.

Legalist Empire

Author : Benjamin Allen Coates
Publisher : Oxford University Press
ISBN 13 : 0190495960
Total Pages : 297 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Legalist Empire by : Benjamin Allen Coates

Download or read book Legalist Empire written by Benjamin Allen Coates and published by Oxford University Press. This book was released on 2016-06-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's empire expanded dramatically following the Spanish-American War of 1898. The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-became central to the conceptualization, conduct, and rationalization of US foreign policy. Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of "civilization" that justified the expansion of empire overseas. Using the private papers and published writings of such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an image of the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court. Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role

The Mirage of Versailles

Author : Hermann Stegemann
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Mirage of Versailles by : Hermann Stegemann

Download or read book The Mirage of Versailles written by Hermann Stegemann and published by . This book was released on 1928 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Settlement of International Cultural Heritage Disputes

Author : Alessandro Chechi
Publisher : OUP Oxford
ISBN 13 : 0191009083
Total Pages : 385 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Settlement of International Cultural Heritage Disputes by : Alessandro Chechi

Download or read book The Settlement of International Cultural Heritage Disputes written by Alessandro Chechi and published by OUP Oxford. This book was released on 2014-03-13 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past forty years have seen a wide proliferation of disputes under international law concerning cultural heritage. These have included the restitution of stolen art objects or the protection of monuments. Unlike other fields of international law, international cultural heritage law does not have an ad hoc mechanism of dispute settlement. As a result, controversies are to be settled through negotiation or, if it fails, through existing dispute resolution means. This can result in similar cases being settled in different ways, thereby bringing about an incoherent and fragmentary enforcement of the law. This book offers a comprehensive and innovative analysis of the settlement of cultural heritage disputes. This examination is two-fold. First, it assesses the existing legal framework and the available dispute settlement means. Second, it explores the feasibility of two solutions for overcoming the lack of a specialized forum. The first is the establishment of a new international court. The second concerns existing judicial and extra-judicial fora and their interaction through the practice of 'cross-fertilization'. The book focuses on the substance of such interaction, and identifies a number of culturally-sensitive parameters (the 'common rules of adjudication'). It argues that existing judicial and non-judicial fora should adopt a cross-fertilizing perspective to use and disseminate jurisprudence containing these common rules of adjudication. It sets out how such an approach would enhance the effectiveness and coherence of decision-making processes and would be conducive to the development of a lex culturalis. This can be defined as a composite body of rules designed to protect cultural heritage by excluding the mechanical application of the norms established for standard business transactions of ordinary goods.

Labour Rights and the Catholic Church

Author : Paul Beckett
Publisher : Routledge
ISBN 13 : 1000377849
Total Pages : 183 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Labour Rights and the Catholic Church by : Paul Beckett

Download or read book Labour Rights and the Catholic Church written by Paul Beckett and published by Routledge. This book was released on 2021-04-13 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent of parallelism and cross-influence between Catholic Social Teaching and the work of the world’s oldest human rights institution, the International Labour Organisation (ILO). Sometimes there is a mutual attraction between seeming opposites who in fact share a common goal. This book is about just such an attraction between a secular organisation born of the political desire for peace and justice, and a metaphysical institution much older founded to bring peace and justice on earth. It examines the principles evident in the teachings of the Catholic Church and in the secular philosophy of the ILO; together with the theological basis of the relevant provisions of Catholic Social Teaching and of the socio-political origins and basis of the ILO. The spectrum of labour rights covered in the book extends from the right to press for rights, i.e., collective bargaining, to rights themselves – conditions in work – and on to post-employment rights in the form of social security and pensions. The extent of the parallelism and cross-influence is reviewed from the issue of the Papal Encyclical of Pope Leo XIII Rerum Novarum (1891) and from the founding of the ILO in 1919. This book is intended to appeal to lay, professional and academic alike, and will be of interest to researchers and academics working in the areas of international human rights, theology, comparative philosophy, history and social and political studies. On 4 January 2021 it was granted an Imprimatur by the Roman Catholic Archbishop of Liverpool, Malcolm P. McMahon O.P., meaning that the Catholic Church is satisfied that the book is free of doctrinal or moral error.

Assessing the Effectiveness of International Courts

Author : Yuval Shany
Publisher : OUP Oxford
ISBN 13 : 0191640212
Total Pages : 354 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Assessing the Effectiveness of International Courts by : Yuval Shany

Download or read book Assessing the Effectiveness of International Courts written by Yuval Shany and published by OUP Oxford. This book was released on 2014-01-31 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

The Oxford Handbook of International Adjudication

Author : Cesare PR Romano
Publisher : OUP Oxford
ISBN 13 : 0191511420
Total Pages : 1072 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Handbook of International Adjudication by : Cesare PR Romano

Download or read book The Oxford Handbook of International Adjudication written by Cesare PR Romano and published by OUP Oxford. This book was released on 2014-01-16 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.

Toward a Just World

Author : Dorothy V. Jones
Publisher : University of Chicago Press
ISBN 13 : 022611581X
Total Pages : 287 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Toward a Just World by : Dorothy V. Jones

Download or read book Toward a Just World written by Dorothy V. Jones and published by University of Chicago Press. This book was released on 2013-12-04 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Toward a Just World is an insightful and thoughtful history. The first half of the twentieth century and the heroic efforts of those who sought international justice during that time will be much better understood and appreciated thanks to this fascinating book."—Robert F. Drinan, Georgetown University A century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. Yet now we depend on institutions such as these to air and punish crimes against humanity, as we have seen in the International Criminal Tribunal for Rwanda and the appearance of Serbian leader Slobodan Milosevic before the Tribunal for the Former Yugoslavia. Toward a Just World tells the remarkable story of the long struggle to craft the concept of international justice that we have today. Dorothy V. Jones focuses on the first half of the twentieth century, the pivotal years in which justice took on expanded meaning in conjunction with ideas like world peace, human rights, and international law. Fashioning both political and legal history into a compelling narrative, Jones recovers little-known events from undeserved obscurity and helps us see with new eyes the pivotal ones that we think we know. Jones also covers many of the milestones in the history of diplomacy, from the Treaty of Versailles and the creation of the League of Nations to the Nuremberg war crimes tribunal and the making of the United Nations. As newspapers continue to fill their front pages with stories about how to administer justice to al Qaeda and Saddam Hussein, Toward a Just World will serve as a timely reminder of how the twentieth century achieved one of its most enduring triumphs: giving justice an international meaning.

International Justice in the United Nations General Assembly

Author : Ramsden, Michael
Publisher : Edward Elgar Publishing
ISBN 13 : 178811938X
Total Pages : 256 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis International Justice in the United Nations General Assembly by : Ramsden, Michael

Download or read book International Justice in the United Nations General Assembly written by Ramsden, Michael and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

Historical Dictionary of Human Rights

Author : Jacques Fomerand
Publisher : Rowman & Littlefield
ISBN 13 : 0810880350
Total Pages : 847 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis Historical Dictionary of Human Rights by : Jacques Fomerand

Download or read book Historical Dictionary of Human Rights written by Jacques Fomerand and published by Rowman & Littlefield. This book was released on 2014-02-18 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dictionary has more than 1000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations family or regional bodies, and the constantly expanding universe of non-governmental organizations, as well as some of the pioneers and defenders of human rights.